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DEPARTMENT  OF  EDUCATION 

STATE  OF  ALABAMA 


SCHOOL  CODE 

AND 

ALL  LAWS  RELATING 
TOTDUCATION 


SEPTEMBER   I,  1922 


•  ROWN  PR.NTINQ  CO.    HONTQCMCRY 


EXCHANGE 


DEPARTMENT  OF  EDUCATION 

STATE  OF\  ALABAMA 


SCHOOL  CODE 


INCLUDING  ALL  LAWS  RELATING  TO  EDUCATION 


SEPTEMBER  1,  1922 


JOHN  W.  ABERCROMBIE 

Superintendent  of  Education 


■  ROWN   PRINTING  CO.    MONTGOMERY. 


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STATE  BOARD  OF  EDUCATION 


Governor  Thos.  E.  Kilby 
Mrs.  T.  G.  Bush  Dr.  D.  T.  McCall         L.  B.  Musgrovb 

A.  H.  Carmichael       Dr.  R.  H.  McCaslin       A.  L.  Tyler 
John  W.  Abercrombie,  Executive  Secretary 


To  School  Officials: 

This  pamphlet  contains  the  new  school  code  as  enacted  by 
the  Legislature  of  1919,  the  acts  carrying  the  appropriations 
necessary  to  make  various  sections  of  the  code  effective,  and 
such  other  statutes  as  are  of  interest  to  those  charged  with  the 
administration  and  supervision  of  the  schools,  including  Acts 
passed  at  the  extra  sessions  of  1920  and  1921. 

John  W.  Abercrombie, 

Superintendent, 


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ALABAMA    GENERAL    LAWS 

Regular  Session,  1919 

No.  442.)  (S.  470— Carmichael. 

AN  ACT 

To  provide  a  complete  educational  system  for  the  State  of  Alabama;  to  pro- 
vide a  public  school  fund;  to  provide  for  the  administration  of  the  pub- 
lic schools  and  create  a  State  board  of  education  and  prescribe  its  pow- 
ers and  duties;  to  create  county  and  city  boards  of  education,  to  define 
their  respective  powers  and  duties,  to  provide  for  the  payment  of  their 
necessary  expenses  and  equipment  including  furniture;  to  provide  for 
the  holding  of  elections  for  the  one  mill  county  tax  on  each  dollar  of 
taxable  property  under  the  Constitution  of    1901;    to    provide    for    the 
holding  of  elections  for  the  county  tax  of  three  mills  or  less  on  each 
dollar  of  taxable  property  under  the  amendment  to  the  Constitution  of 
1901;  to  provide  for  the  holding  of  elections  for  the  district  tax  of  three 
mills  or  less  on  each  dollar  of  taxable  property,  and  to  prescribe  the 
method  of  holding  such  elections;  to  prescribe  the  duties  and  powers  of 
the  State  superintendent  of  education  and  to  fix  his  compensation;  to 
provide  for  the  organization  of  the  State  department  of  education;  to 
provide  for  the  appointment  of  county  superintendents  of  education,  to 
define  their  duties  and  powers  and  to  provide  for  their  compensation; 
to  provide  for  boards  of  school  trustees;  to  provide  for  the  appointment 
of  city  superintendents  of  education,  to  define  their  duties  and  powers, 
and  to  provide  for  their  compensation;    to  provide  for  supervisors  of 
schools  in  the  various  counties  and  cities,  to  fix  their  duties  and  powers, 
and  to  provide  for  their  compensation;  to  provide  for  the  use  of  a  bonus 
fund  for  counties  levying  and  collecting  a  special  county  tax  for  school 
purposes,  and  to  fix  the  amount  in  accordance  with  the  rate  of  such  spe- 
cial tax;  to  provide  for  a  county  treasurer  of  school  funds;  to  provide 
for  compulsory  attendance  upon  the  schools  of  the  State  within  certain 
ages,  to  fix  penalties,  to  provide  for  the  appointment  of  attendance  offi- 
cers and  to  define  their  duties  and  fix  their  compensation  and  to  provide 
the  method  of   enforcing    compulsory  attendance  vnthin    the    ages  pre- 
scribed;   to  provide  for  the  certification  of  teachers,  and  to  provide  for 
the  use  of  appropriations  for  the  issuance  of  certificates  and  for  the 
conduct  of  teachers  institutes:  for  the  training  of  teachers  in  service, 
and  provide  the  necessary  clerical  and  other  assistants;  to  provide  finan- 
cial assistance  for  the  erection,  repair  and  equipment  of  rural  school- 
houses,  and  to  prescribe  the  conditions  under  which  such  assistance  may 
be  obtained;    to  provide  for  the  sale  and  conveyance  of  certain  lands 
that  have  been  conveyed  to  the  State  for  school  purposes;  to  provide  for 
rural  libraries  throughout  the   State,   including  the   method  by  which 
assistance  may  be  obtained;  to  provide  for  vocational  education  and  for 
the  use  of  appropriations  therefor;  to  provide  for  the  removal  of  illit- 
eracy among  adults  as  well  as  among  minors,  and  for  the  use  of  appro- 
priations therefor;  to  provide  uniform  text  books  throughout  the  State 
and  to  authorize  the  creation  of  a  State  textbook  committee  and  to  de- 
fine its  powers  and  duties;  to  provide  for  county  high  schools  and  pre- 
scribe the  conditions  under  which  such  county  high  schools  may  obtain 
assistance  from  the  State,  and  to  authorize  such  county  high  schools  to 


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receive  financial  assistance  from  county  boards  of  revenue;  boards  of 
education;  school  districts  or  private  sources;  to  provide  for  county- 
high  school  treasurers;  to  fix  their  bonds  and  prescribe  their  powers 
and  duties  and  to  provide  for  the  payment  of  the  premiums  upon  their 
bonds;  to  provide  for  county  treasurers  of  school  funds;  to  fix  their 
bonds  and  prescribe  their  powers  and  duties  and  to  provide  for  the  pay- 
ment of  the  premiums  upon  their  bonds;  to  provide  for  changing  the 
name  of  the  nine  branch  agrciultural  schools  and  expermient  stations, 
or  district  agricultural  schools,  and  of  the  Northeast  Alabama  Agricul- 
tural and '  Industrial  Institute  to  State  secondary  agricultural  schools, 
to  provide  for  their  management  and  control  and  for  their  continuance 
upon  the  meeting  of  certain  requirements  and  for  the  use  of  appropria- 
tions therefor;  to  provide  for  certain  State  normal  schools  and  for 
their  control  and  management  and  for  the  use  of  appropriations  there- 
for; to  provide  for  the  creation  of  the  Alabama  School  of  Trades  and 
Industry  and  for  its  control  and  management;  to  provide  for  changing 
the  name  of  the  Agricultural  and  Mechanical  College  for  Negroes  to 
Agricultural  and  Mechanical  Institute  for  Negroes  and  to  provide  for 
its  management  and  control  and  for  the  use  of  appropriations  therefor; 
to  provide  for  changing  the  name  of  the  school  heretofore  established  at 
Montevallo  as  the  Alabama  Girls*  Industrial  School,  later  called  the 
Alabama  Girls'  Technical  Institute,  to  the  name  of  the  Alabama  Tech- 
nical Institute  and  College  for  Women;  to  create  a  board  of  trustees  for 
such  institute,  to  prescribe  their  powers  and  duties,  their  method  of 
appointment,  and  length  of  service,  and  for  the  use  of  appropriations 
therefor;  to  provide  for  the  management  and  control  of  the  Alabama 
Polytechnic  Institute,  to  define  the  powers  and  duties  of  the  board  of 
trustees,  the  method  of  appointment  of  such  trustees,  and  for  the  use  of 
appropriations  to  said  institute;  to  provide  for  the  management  and  con- 
trol of  the  University  of  Alabama,  to  define  the  duties  and  powers  of 
the  trustees,  the  method  of  appointment  of  such  trustees,  and  for  the 
use  of  appropriations  to  the  University;  to  provide  for  a  summer  school 
at  the  University  of  Alabama  and  for  the  use  of  appropriations  there- 
for; to  create  a  State  council  of  education  and  to  prescribe  its  powers 
and  duties;  to  provide  for  the  management  and  control  of  the  Alabama 
Institute  for  the  Deaf;  of  the  Alabama  Academy  for  the  Blind,  and  of 
the  Alabama  School  for  Negro  Deaf  and  Blind,  to  create  a  board  of 
trustees  therefor  and  to  provide  for  the  method  of  their  appointment 
and  the  length  of  service  and  for  the  use  of  appropriations  therefor;  to 
provide  for  the  establishment  and  maintenance  of  the  Alabama  Boys' 
Industrial  School,  to  provide  for  the  management  and  control  thereof, 
and  for  the  appointment  of  a  board  of  directors,  to  define  their  powers 
and  duties  and  the  method  of  committing  boys  thereto,  and  for  the  use 
of  appropriations  therefor;  to  provide  for  the  maintenance  and  estab- 
lishment of  the  Alabama  School  for  Juvenile  Negro  Lawbreakers;  to 
provide  for  the  management  and  control  thereof,  and  for  the  appoint- 
ment of  a  board  of  directors,  to  define  their  powers  and  duties,  anA  for 
the  method  of  committing  boys  thereto,  and  for  the  use  of  appropria- 
tions for  such  school,  to  provide  for  the  lease  and  sale  of  school  lands  in 
the  State;  to  make  certain  requirements  with  reference  to  the  bonds  of 
officials  and  employees  authorized  under  the  provisions  of  this  act;  to 
require  county  and  city  boards  of  education  to  give  regular  instruction 
in  all  schools  under  their  direction  as  to  the  nature  of  alcoholic  drinks, 
tobacco  and  other  narcotics;  to  require  private,  denominational  and 
parochial  schools  to  make  reports;  to  provide  penalties  for  the  violation 
of  the  provisions  of  this  act  and  to  provide  for  the  repeal  of  inconsistent 
laws  enacted  heretofore. 

Be  it  enacted  by  the  Legislature  of  Alabama : 


i  •,. 


ARTICLE  1.     PUBLIC  SCHOOL  FUND. 

Section  1.  For  the  maintenance  of  a  system  of  public  schools 
of  the  State  the  following  sums  of  money  are  hereby  appropri- 
ated for  every  scholastic  year,  to-wit:  (1)  The  annual  interest 
at  six  per  cent  on  all  sums  of  money  which  have  heretofore  been 
or  which  may  hereafter  be  received  by  the  State,  as  the  proceeds 
of  sales  of  lands  granted  or  entrusted  by  the  United  States  to  the 
State,  or  to  the  several  townships  thereof,  valueless  sixteenth 
section  fund,  and  school  indemnity  fund  for  school  purposes. 
(2)  The  annual  interest  at  four  per  cent  on  that  part  of  the  sur- 
plus revenue  of  the  United  States  deposited  with  the  State  under 
the  act  of  Congress  approved  June  23,  1836.  (3)  All  annual 
rents,  incomes  and  profits  or  interest  arising  from  the  proceeds 
of  sales  of  all  such  lands  as  hereafter  may  be  given  by  the  United 
States,  or  by  this  State,  or  by  individuals,  for  the  support  of 
the  public  schools  of  the  State.  (4)  All  such  sums  as  may  accrue 
to  the  State  as  escheats  the  same  to  be  applied  to  the  support 
of  the  public  schools  during  the  scholastic  year  next  ensuing  the 
receipt  in  the  State  treasury.  (5)  The  net  amount  of  poll  tax 
that  may  be  collected  in  the  State;  poll  tax  collected  in  every 
county  to  be  retained  therein  for  the  support  of  the  public  schools 
thereof  and  distributed  and  disbursed  as  provided  in  this  chap- 
ter. (6)  Licenses  which  are  by  law  required  to  be  paid  into 
the  school  fund  of  any  county  to  be  promptly  paid  by  the  Judge 
of  Probate  or  other  person  collecting  the  same  to  the  custodian 
of  public  school  funds  of  the  county  or  district,  to  be  expended 
for  the  benefit  of  the  public  schools  of  each  county.  (7)  A 
special  annual  tax  of  thirty  (30)  cents  on  each  one  hundred  dol- 
lars worth  of  taxable  property  in  this  State.  (8)  A  further 
sum  or  sums  to  be  appropriated  by  the  Legislature  for  each  schol- 
astic year. 

Section  2.  All  such  appropriations,  except  the  poll  tax,  shall 
accrue  to  the  educational  fund  on  the  first  day  of  October  in  each 
year ;  and  on  that  day  the  State  Auditor  shall  place  to  the  credit 
of  that  fund,  on  the  books  in  his  office,  all  such  amounts  as  accrue 
thereto  from  the  sources  in  this  article  mentioned,  except  the 
poll  tax,  for  the  scholastic  year  beginning  on  that  day. 

ARTICLE  2.     ADMINISTRATION  OF  PUBLIC  SCHOOLS. 

Section  1.  There  shall  be  throughout  the  State  of  Alabama 
a  general  system  of  public  schools,  including  such  types  of  in- 
struction and  educational  institutions  and  agencies  as  may  be 
provided  for  by  general  law  or  by  county  or  district  authority, 
acting  under  the  general  powers  conferred  upon  such  by  this 
Act. 

Section  2.  The  supervision  of  the  public  schools  of  the  State 
shall  be  vested  in  the  State  Superintendent  of  education  with  the 


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advice  and  counsel  of  a  State  board  of    education,    and    their 
powers  and  compensation  shall  be  fixed  by  law. 

Section  3.  Educational  matters  affecting  counties  shall  be 
under  the  control  of  a  county  board  of  education  and  educational 
matters  affecting  cities  and  towns  of  one  thousand  (1000)  or 
more  inhabitants,  according  to  the  last  or  any  succeeding  Fed- 
eral census,  shall  be  under  a  city  board  of  education,  except  as 
otherwise  provided  by  law. 

ARTICLE  3.     STATE  BOARD  OF  EDUCATION. 

Section  1.     The  State  board  of  education  shall  be  composed 
of  the  governor,  of  six  members  to  be  appointed  by  him,  no  two 
of  whom  shall. reside  in  the  same  Congressional  district,  and 
confirmed  by  the  Senate  for  terms  of  twelve  years  beginning  on 
the  first  day  of  October  next  succeeding  their  appointment,  and 
of  the  State  Superintendent  of  education  who  shall  be  chairman 
and  executive  officer  of  the  board.     In  making  the  first  appoint- 
ments under  this  section,  the  governor  shall  appoint  two  mem- 
bers whose  terms  of  office  shall  expire  on  September  30,  1923 ; 
two  members  whose  terms  of  office  shall  expire  on  September 
30,  1927;  and  two  members  whose  terms  of  office  shall  expire 
on  September  30,  1931;  and  thereafter  as  the  respective  vacan- 
cies occur,  appointments  to  the  State  board  of  education  shall  be 
made  by  the  governor  before  the  first  day  of  October  and  for 
terms  of  twelve  years.     The  members  of  the  board     shall     be 
appointed  solely  for  their  character  and  fitness,  but  no  person 
shall  be  appointed  to  the  board  who  is  in  any  way  subject  to  its 
authority.     The  governor  may  remove  any  member  of  the  board, 
appointed  under  the  provisions  of  this  section  for  immorality, 
misconduct  in  office,  incompetency,  or  wilful  neglect  of  duty,  giv- 
ing to  him  a  copy  of  the  charges  against  him,  and  an  opportunity 
of  being  publicly  heard  in  person  or  by  counsel  in  his  own  de- 
fense, upon  not  less  than  ten  (10)  days'  notice.  If  any  member 
shall  be  removed,  the  governor  shall  file  in  the  office  of  the  Sec- 
retary of  State  a  complete  statement  of  all  charges  against  such 
member,  and  his  findings  thereon,  together  with  a  complete 
record  of  the  proceedings.     Vacancies  on  the  board  for  any  cause 
shall  be  filled  by  the  governor,  for  the  unexpired  term,  and  until 
a  successor  qualifies.     Before  exercising  any  authority  or  per- 
forming any  duty  as  a  member  of  the  State  board  of  education, 
each  member  thereof  shall  qualify  as  such  by  taking  and  sub- 
scribing to  the  oath  of  office  prescribed  by     article     (16)     of 
the  State  Constitution,  the  certificate  whereof  shall  be  filed  with 
the  records  of  the  State  board  of  education. 

Section  2.  The  State  Board  of  Education  shall  hold  its  an- 
nual meetings  each  year,  at  the  office  of  the  State  Department  of 
Education  at  Montgomery,  on  the  first  Tuesday  in  October.  At 


9 

this  meeting  the  board  shall  elect  one  of  its  members  Vice-Presi- 
dent. Other  regular  meetings  shall  be  held  on  the  first  Tuesday 
of  December,  February,  and  May,  and  such  special  meetings 
may  be  held  as  the  duties  and  business  of  the  board  may  require. 
The  rules  generally  adopted  by  deliberative  bodies  for  their  gov- 
ernment shall  be  observed  by  the  State  board  of  education.  No 
motion  or  resolution  shall  be  declared  adopted  v^ithout  the  con- 
currence of  the  majority  of  the  whole  board. 

Section  3.  The  members  of  the  State  board  of  education  shall 
receive  a  per  diem  of  ten  ($10)  dollars  for  each  day  of  actual 
service  and  for  a  total  of  not  more  than  twenty-five  (25)  days 
in  any  fiscal  year,  and  their  actual  traveling  and  other  necessary 
expenses  incurred  in  attending  meetings  and  transacting  the  bus- 
iness of  the  board. 

Section  4.  The  State  board  of  education  shall  exercise, 
through  the  State  superintendent  of  education  and  his  profes- 
sional assistants,  general  control  and  supervision  over  the  public 
schools  of  the  State,  except  the  University,  the  Alabama  Poly- 
technic Institute,  and  the  Alabama  Tecnical  Institute  and  Col- 
lege for  Women,  and  shall  consult  with  and  advise  through  their 
executive  officer  and  his  professional  assistants,  county  boards 
of  education,  city  and  town  boards  of  education,  superintendents 
of  schools,  school  trustees,  attendance  officers,  principals,  teach- 
ers, supervisors,  and  interested  citizens,  and  shall  seek  in  every 
way  to  direct  and  develop  public  sentiment  in  support  of  public 
education. 

Section  5.  The  State  board  of  education  shall  adopt  rules 
and  regulations  for  the  sanitation  of  schools,  for^the  physical 
examination  of  school  children,  and,  in  conjunction  with  other 
State  authorities,  shall  see  to  it  that  the  rules  relating  to  school 
health,  compulsory  education,  and  child  conservation  are  en- 
forced. 

Section  6.  The  State  board  of  education  shall  prescribe  rules 
and  regulations  for  the  grading  and  standardizing  of  public 
schools. 

Section  7.  The  State  board  of  education,  on  the  recommend- 
ation of  the  State  superintendent  of  education,  shall  prescribe 
the  minimum  contents  of  courses  of  study  for  all  public  elemen- 
tary and  high  schools  in  the  State.  In  every  elementary  school 
in  the  State  there  shall  be  taught  at  least  reading,  spelling,  hand- 
writing, arithmetic,  oral  and  written  English,  geography,  his- 
tory of  the  United  States  and  Alabama,  community  civics,  agri- 
culture, elementary  science,  hygiene  and  sanitation,  physical 
training,  and  such  other  studies  as  may  be  prescribed  by  the 
State  board  of  education.  English  shall  be  the  only  language 
employed  and  taught  in  the  first  six  grades  of  the  elementary 
schools  in  the  State. 


10 

Section  8.  The  State  board  of  education  shall  prescribe  the 
text  books  to  be  used  in  the  elementary  schools  of  the  State; 
and  in  all  of  the  high  schools  of  the  State,  except  in  cities  of 
two  thousand  (2000)  or  more  inhabitants,  according  to  the  last 
or  any  succeeding  Federal  census.  For  the  selection  of  such 
books  the  State  board  of  education,  upon  the  recommendation  of 
the  State  superintendent  of  education,  shall  appoint  a  text  book 
committee,  not  to  exceed  seven  (7)  persons,  composed  of  leading 
men  or  women  engaged  in  public  school  work  in  the  State. 

Section  9.  The  State  board  of  education,  through  its  execu- 
tive officer,  shall  prescribe  rules  and  regulations,  also  the  sub- 
jects and  the  standards  of  teachers'  examinations,  agreeable  to 
the  provisions  of  article  sixteen  of  this  Act,  for  the  certification 
of  teachers  in  the  public  schools  of  the  State,  and  for  the  accept- 
ance of  the  diplomas  of  the  normal  schools,  colleges  and  universi- 
ties of  Alabama,  as  well  as  of  other  states.  No  diploma  shall  be 
accepted  from  any  normal  school,  college  or  university  which 
does  not  meet  minimum  standards  prescribed  by  the  State  board 
of  education  for  teacher  training  courses. 

Section  10.  The  State  board  of  education  shall  prescribe 
rules  and  regulations  for  taking  a  biennial  census  in  July  1920 
and  biennially  thereafter,  of  all  children  from  six  (6)  to  twenty- 
one  (21)  years  of  age  wtihin  the  State,  also  all  forms  and  blanks 
to  be  used  in  taking  such  census,  and  in  compiling  the  reports 
thereon. 

Section  11.  The  State  board  of  education  shall  have  the 
power  to  prescribe  uniform  series  of  forms  and  blanks  for  the 
use  of  county  boards  of  education,  the  boards  of  education  of 
cities,  school  officials  and  teachers,  and  shall  require  all  finan- 
cial accounts,  including  the  annual  school  budget,  and  all  educa- 
tional records  to  be  kept,  and  all  reports  to  be  made  according  to 
these  forms  and  blanks;  provided  that  such  of  the  above  forms 
and  blanks  as  in  the  opinion  of  the  State  board  of  education  may 
be  necessary,  shall  be  provided  at  the  expense  of  the  State. 

Section  12.  The  State  board  of  education  shall  require  all 
persons  conducting  private,  denominational  and  parochial 
schools,  and  all  private  educational  associations,  corporations, 
or  institutions  to  report  annually,  on  or  before  the  31st.  day  of 
August,  as  to  enrollment,  age  of  pupils  and  attendance,  on  such 
forms  as  the  State  board  of  education  may  provide.  The  State 
board  of  education  shall  require  all  private  denominational  and 
parochial  schools  of  an  elementary  and  high  school  grades  to  re- 
port monthly  on  forms  provided  by  the  State  board  of  education, 
to  the  Superintendent  of  education  of  the  county  or  to  the  super- 
intendent of  schools  in  cities  of  two  thousand  (2000)  or  more  in- 
habitants, according  to  the  last  or  any  succeeding  Federal  cen~ 
sus,  according  to  the  location  of  private  schools  in  question,  giv- 


11 

ing  the  name  of  each  pupil  enrolled,  the  date  of  enrollment,  the 
total  days  of  attendance  to  date,  and  the  number  of  days  in  at- 
tendance during  the  month  for  which  the  particular  report  is 
made. 

Section  13.  The  State  board  of  education  shall  conduct  in- 
vestigations relating  to  the  educational  needs  of  the  State,  and 
the  means  of  improving  educational  conditions.  It  may  employ 
additional  expert  assistance  for  such  investigations  if  needed, 
and  appoint  such  agents  for  special  investigations. 

Section  14.  The  State  board  of  education  is  authorized,  em- 
powered, directed  and  required,  along  with  the  State  superin- 
tendent of  education,  to  co-operate  with  the  Federal  board  for 
vocational  education  in  the  administration  of  the  Smith-Hughes 
Vocational  Education  Act.  The  State  of  Alabama  accepts  the 
benefits  of  this  Act,  passed  by  the  Senate  and  House  of  Repre- 
sentatives of  jthe  United  States  of  America  in  Congress  assem- 
bled, as  provided  in  this  Act,  and  the  State  Treasurer  is  hereby 
designated  to  have  custody  of  any  funds  accruing  in  the  State 
from  the  said  foregoing  act  or  from  any  amendments  or  supple- 
ments thereto. 

Section  15.  The  State  board  of  education  is  hereby  author- 
ized and  empowered  to  accept  for  the  State  of  Alabama  any  ap- 
propriation of  money  for  the  removal  of  illiteracy,  the  teaching 
of  immigrants  and  for  other  educational  purposes  which  may 
hereafter  be  made  out  of  the  Federal  treasury  by  any  acts  of 
Congress,  and  shall  be  constituted  the  chief  educational  authori- 
ty for  the  expenditure  and  administration  of  any  such  funds. 
Said  board  shall  have  authority  to  make  rules  and  regulations 
for  the  expenditure  of  such  funds,  such  expenditure  to  be  in  ac- 
cordance with  the  terms  of  the  acts  of  Congress  making  such  ap- 
propriations. The  Treasurer  of  the  State  is  hereby  designated 
as  custodian  for  all  funds  received  as  apportionments  under  the 
provisions  of  such  act  or  acts  of  Congress. 

Sction  16.  The  board  of  trustees  of  the  State  Normal 
Schools  for  whites,  of  the  A.  and  M.  College  for  negroes  at  Nor- 
mal, of  the  State  Normal  School  for  colored  students  at  Mont- 
gomery, of  the  nine  District  Agricultural  Schools,  of  the  North- 
east Alabama  Agricultural  and  Industrial  Institute,  the  State 
High  School  Commission,  the  State  Text  Book  Commission,  the 
State  Board  for  Vocational  Education,  the  Alabama  Illiteracy 
Commission,  as  now  respectively  constituted  by  law,  are  hereby 
abolished,  provided  "that  the  State  board  of  education  may  ap- 
point an  advisory  board  of  not  more  than  five  (5)  persons  from 
the  locality  in  which  any  institution  for  negroes  under  the  con- 
trol of  the  State  board  of  education  is  located,  said  advisory 
board  to  have  such  rights  and  duties  as  the  State  board  of  educa- 
tion may  from  time  to  time  designate. 


12 

Section  17.  The  State  board  of  education  shall  have  general 
supervision  of  the  educational  work  of  all  charitable,  penal,  re- 
formatory, and  child  caring  institutions,  maintained  in  whole  or 
in  part  by  the  State,  through  its  executive  officer,  who  shall  be  a 
member  of  the  governing  board  or  boards  which  have  charge  of 
such. 

Section  18.  The  board  of  education  shall  submit  each  year 
on  or  before  the  first  day  of  December,  or  as  early  there  after 
as  practicable,  to  the  governor,  an  annual  report  covering  all 
operations  of  the  State  Department  of  Education,  and  the  sup- 
port, conditions,  progress,  and  needs  of  education  throughout 
the  State.  Such  annual  report  shall  be  printed  in  sufficient 
quantities  for  general  distribution  throughout  the  State,  and  for 
the  usual  exchange  courtesies  between  state  educational  authori- 
ties. 

Section  19.  It  shall  be  the  duty  of  the  State  board  of  educa- 
tion to  consider  the  educational  needs  of  the  State,  and  on  and 
with  the  advice  of  the  State  superintendent  of  education,  to  rec- 
ommend to  the  Governor  and  to  the  Legislature  such  additional 
legislation  or  changes  in  the  existing  legislation  as  may  be  deem- 
ed desirable.  Such  recommendations  may  be  in  the  form  of 
prepared  bills,  and  shall  be  laid  before  the  governor  and  the 
Legislature. 

Section  20.  The  State  board  of  education  shall  have  the 
power  to  adopt  a  seal  for  the  authentication  of  its  official  acts. 

Section  21.  The  State  board  of  education  by  its  presiding 
officer,  or  its  committees  by  their  chairman,  the  State  superin- 
tendent of  education,  and  any  of  its  duly  appointed  agents,  shall 
have  authority  to  administer  oaths,  and  to  examine  under  oath 
in  any  part  of  the  State,  witnesses  in  any  matter  pertaining  to 
schools,  and  to  cause  the  examination  to  be  reduced  to  writing. 
Any  person,  who,  having  been  sworn  by  any  of  the  above  officers 
to  tell  the  truth,  should  wilfully  give  false  testimony,  shall  be 
guilty  of  perjury. 

Section  22.  The  State  board  of  education  is  authorized  to 
remove  for  incompetency,  immorality,  misconduct  in  office,  or 
wilful  neglect  of  duty,  any  school  officer,  appointed  by  it  under 
the  provisions  of  this  Act,  upon  making  known  to  him  in  writing 
the  charge  against  him,  and  upon  giving  him  an  opportunity  of 
being  heard  in  person  or  by  counsel  in  his  own  defense,  upon  not 
less  than  ten  days'  notice.  In  case  of  vacancy  due  to  any  cause, 
the  State  board  of  education  shall  fill  the  vacancy,  unless  other- 
wise provided,  and  until  a  successor  shall  qualify. 

Section  23.  The  State  board  of  education  shall  perform  such 
other  duties  as  are  assigned  to  it  elsewhere  in  this  Act,  or  may  be 
assigned  from  time  to  time  by  the  Legislature.  In  order  to  meet 
emergencies  that  may  arise  because  of  any  defect  in  the  language 


13 

or  purpose  of  this  Act,  the  State  board  of  education  is  authorized 
to  make  such  rules  and  regulations  as  will  give  full  force  and  ef- 
fect to  any  or  all  of  its  provisions,  provided  that  such  rules  and 
regulations  shall  not  be  inconsistent  with  the  powers  and  duties 
of  the  several  boards  of  education  as  conferred  in  this  Act. 

Section  24.  The  State  board  of  education  shall  have  the  au- 
thority to  acquire,  hold,  lease,  rent,  sell  and  convey  the  title  to 
real  and  personal  property  and  to  make  such  repairs  and  im- 
provements in  all  property  under  its  control  as  may  be  for  the 
best  interest  of  the  school. 

Section  25.  The  State  board  of  education  is  specifically 
charged  with  the  duty  of  equalizing  public  school  facilities 
throughout  the  State,  in  so  far  as  it  may  be  practicable;  and 
in  order  to  make  it  possible  to  increase  the  length  of  school  terms 
in  rural  districts,  and  to  care  for  that  and  other  worthy  pur- 
poses for  which  no  adequate  appropriation  has  been  made,  in- 
cluding expenses  and  compensation  of  the  members  of  the  State 
board  of  education  in  the  discharge  of  their  official  duties,  the 
said  State  board  of  education  is  hereby  empowered  and  directed 
to  expend  so  much  as  it  may  deem  proper  of  the  amount  set  aside 
annually  by  legislative  enactment  as  a  revolving  fund  for  the  use 
of  the  State  board  of  education,  provided  that  at  least  eighty 
(80)  per  cent  of  the  amount  appropriated,  if  used,  shall  be  ex- 
pended for  lengthening  public  school  terms  and  otherwise  better- 
ing conditions  in  rural  schools,  and  provided  further  than  any 
unexpected  balance  at  the  end  of  any  fiscal  year  shall  be  placed 
to  the  credit  of  the  general  educational  fund. 

Section  26.  Such  appropriations  as  may  be  made  by  the 
Legislature  for  public  school  purposes,  shall,  unless  otherwise 
provided  for,  be  paid  upon  requisition  of  the  State  superintend- 
ent of  education  upon  the  State  Auditor,  who  shall  draw  his 
warrant  upon  the  State  Treasurer  for  the  amount  for  which  req- 
uisition is  made. 

ARTICLE  4.  STATE  SUPERINTENDENT  OF  EDUCATION. 

Section  1.  The  State  Department  of  Education  is  hereby 
created  to  be  under  the  direction  of  the  State  board  of  education, 
as  provided  for  by  section  two  (2)  of  article  two  (2)  of  this 
Act.  This  department  shall  comprehend  all  officers  and  func- 
tions formerly  included  under  the  office  of  State  superintendent 
of  education,  and  such  other  divisions  and  branches  as  may  be 
provided  for  by  this  Act  or  by  subsequent  legislative  enactment. 

Section  2.  As  the  chief  executive  officer  of  the  State  De- 
partment of  education  there  shall  be  a  State  superintendent  of 
education,  who  shall  hold  office  for  a  term  of  four  (4)  years 
from  the  time  of  installation  into  office  and  until  his  successor  is 
elected  and  qualified.     The  State  superintendent  of  education 


14 

shall  be  a  person  of  good  moral  character,  of  recognized  ability 
as  a  school  administrator,  with  academic  and  professional  educa- 
tion equivalent  to  graduation  from  a  standard  university  or  col- 
lege, and  shall  have  had  not  less  than  five  (5)  years  of  experience 
in  public  school  work.  He  shall  receive  such  salary  as  may  be 
fixed  in  accordance  with  law,  payable  in  monthly  installments 
on  the  last  day  of  the  month.  Before  entering  upon  the  duties 
of  the  office  he  shall  take  the  oath  prescribed  in  the  Constitution 
and  shall  execute  a  bond  in  a  surety  company  authorized  to  do 
business  in  the  State  for  such  an  amount  as  may  be  fixed  by  the 
State  board  of  education. 

Section  3.  The  State  superintendent  of  education  shall  make 
the  annual  apportionment  of  school  funds  to  the  several  counties 
of  the  State  as  provided  in  article  nine  of  this  Act. 

Section  4.  The  State  superintendent  of  education  shall  ex- 
plain the  true  intent  and  meaning  of  the  school  laws,  and  of  the 
rules  and  regulations  of  the  State  board  of  education.  He  shall 
decide,  without  expense  to  the  parties  concerned,  all  controversies 
and  disputes  involving  the  proper  administration  of  the  public 
school  system.  The  State  superintendent  of  education  shall  en- 
force all  the  provisions  of  this  Act,  and  the  rules  and  regulations 
of  the  State  bgard  of  education.  He  is  empowered  and  directed 
to  file  charges  with  the  State  board  of  education,  or  other  con- 
trolling authority  and  shall  recommend  for  removal  or  institute 
proceedings  for  the  removal  of  any  person  elected  or  appointed 
under  the  provisions  of  this  Act,  unless  otherwise  provided,  for 
immorality,  misconduct  in  office,  insubordination,  incompetency, 
or  wilful  neglect  of  duty. 

Section  5.  The  State  superintendent  of  education  shall  exe- 
cute the  educational  policy  of  the  State  board  of  education.  He 
shall  call  and  conduct  conferences  of  county  or  city  boards  of 
education,  county  superintend'ents  of  education,  city  superin- 
tendents of  schools,  supervisors,  attendance  officers,  principals, 
and  teachers,  on  matters  relating  to  the  condition,  needs  and 
improvements  of  the  schools.  He  shall  prepare  and  publish  the 
school  laws  of  the  State  and  the  rules  and  regulations  of  the 
State  board  of  education,  and  such  other  pamphlets  as  will  stimu- 
late public  interest,  promote  the  work  of  education,  and  foster 
in  teachers  professional  insight  and  efficiency.  He  shall  receive 
and  examine  all  the  reports  required  under  the  rules  and  regula- 
tions of  the  State  board  of  education,  and  in  person,  or  through 
his  assistants,  shall  examine  the  expenditures,  business  methods, 
and  accounts  of  county  boards  of  education,  and  of  board  of  ed- 
ucation of  cities  and  towns  of  two  thousand  (2000)  or  more  in- 
habitants, according  to  the  last  of  any  succeeding  Federal  cen- 
sus, and  advise  them  on  same. 


15 

Section  6.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared,  and  submit  for  approval  to  the 
State  board  of  education  rules  and  regulations  for  the  hygienic, 
sanitary  and  protective  construction  of  school  buildings.  He  is 
empowered  and  directed  to  recommend  for  condemnation  for 
school  use  by  the  State  board  of  education  all  buildings  used  for 
school  purposes  that  violate  these  rules  and  .regulations. 

Section  7.  The  State  superintendent  of  education  shall  pre- 
pare or  cause  to  be  prepared,  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education,  rules  and  regulations  gov- 
erning the  certification  of  teachers  and  the  holding  of  teachers' 
examinations,  subject  to  the  rules  and  regulations  of  the  State 
board  of  education,  and  to  the  provisions  of  article  sixteen  of 
this  Act.  The  State  board  of  education  shall  certificate  all 
teachers  of  the  public  schools  of  the  State,  including  all  teachers 
of  elementary  and  high  school  grade. 

Section  8.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prapared,  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education  courses  of  study  showing  the 
minimum  contents  for  the  different  grades  and  kinds  of  elemen- 
tary schools,  high  schools,  and  normal  schools,  and  also  minimum 
standards  for  college  courses  for  the  training  of  teachers. 

Section  9.  The  State  superintendent  of  education,  acting 
under  the  rules  and  regulations  of  the  State  board  of  education, 
shall  be  responsible  for  the  administration  of  the  State  Depart- 
ment of  Education,  and  shall  have  general  supervision  of  all  the 
professional  and  clerical  assistants  of  the  department.  He  shall 
nominate  to  the  State  board  of  education  all  the  professional  and 
clerical  assistants  of  the  department,  and  shall  recommend  the 
salaries  to  be  paid  them,  except  as  otherwise  provided  by  law. 

Section  10.  The  State  Department  of  Education  shall  here- 
after be  provided  with  such  clerical  and  professional  assistants 
as  may  be  necessary  for  the  proper  conduct  of  its  affairs. 

Section  11.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education,  rules  and  regulations  for 
the  protection  of  the  health,  physical  welfare  and  physical  in- 
spection of  the  school  children  of  the  State  in  co-operation  with 
other  authorized  agencies. 

Section  12.  The  State  superintendent  of  education  shall 
prepare,  or  cause  to  be  prepared,  and  submit  for  approval  and 
adoption  by  the  State  board  of  education,  rules  and  regulations 
for  grading  and  standardizing  all  public  schools  of  an  elementary 
and  high  school  grade,  also  for  limiting  on  the  basis  of  equipment 
and  number  of  teachers  employed,  the  years  and  grades  of  in- 
structions that  may  be  offered  in  such  schools,  but  such  rules  and 
regulations  shall  not  be  inconsistent  with  the  provisions  of  this 


16 

Act  or  any  other  statute  of  this  State.  He  shall  also  prepare, 
or  cause  to  be  prepared,  and  submit  for  approval  and  adoption  by 
the  State  board  of  education,  the  minimum  requirements  for  is- 
suing all  certificates  and  diplomas  in  such  schools.  Provided, 
however,  no  person  within  the  school  age  shall  be  denied  admis- 
sion to  any  elementary  public  school  of  this  State,  but  shall  be 
admitted,  and  shall  be  permitted  to  take  any  advanced  studies, 
which  he  is  qualified  to  study  and  which  the  teacher  is  qualified 
to  teach,  notwithstanding  anything  heretofore  prescribed,  or  that 
may  hereafter  be  prescribed  or  enacted,  in  this  Act. 

Section  13.  The  State  superintendent  of  education  shall 
prepare,  or  cause  to  be  prepared,  the  forms  of  contract  that  shall 
be  executed  between  the  boards  of  education  and  all  regular  em- 
ployees. 

Section  14.  The  State  superintendent  of  education  shall  pre- 
pare or  cause  to  be  prepared,  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education,  rules  and  regulations  in 
agreement  with  the  provisions  of  article  twenty-four  of  this  Act, 
setting  forth  the  conditions  which  must  be  met  and  fulfilled  in 
order  that  county  high  schools  may  receive  the  respective 
amounts  of  State  aid  provided  in  article  twenty-four  of  this  Act, 
subject  to  the  rules  and  regulations  of  the  State  board  of  educa- 
tion. The  State  superintendent  of  education  shall  at  least  an- 
nually investigate  the  management,  conduct  and  work  of  each 
high  school  receiving  State  aid,  according  to  the  provisions  of  ar- 
ticle twenty-four  of  this  Act.  In  case  of  violations  of  the  rules 
and  regulations  of  the  State  board  of  education,  and  the  provi- 
sions of  article  twenty-four  of  this  Act,  the  State  superintendent 
of  education  shall  recommend  to  the  State  board  of  education  that 
the  appropriations  to  such  high  schools  be  discounted  and  the 
State  board  of  education  shall  have  the  power  to  discontinue  the 
appropriations  to  such  high  schools  as  provided  in  Article  twen- 
ty-four of  this  Act.  When  application  is  made  to  the  State  board 
of  education  for  the  location  of  a  county  high  school  to  receive 
State  aid,  according  to  the  provisions  of  Article  twenty-four  of 
this  Act,  the  State  superintendent  of  education  shall  make  the 
proper  investigations,  report  his  findings,  and  make  recom- 
mendation to  the  State  board  of  education  as  to  the  granting  or 
denial  of  the  petition. 

Section  15.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared,  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education  rules  and  regulations  for  the 
taking  of  a  biennial  school  census  of  all  children  in  the  State  be- 
tween six  (6)  and  twenty-one  (21)  years  of  age,  also  the  forms 
and  blanks  to  be  employed  in  taking  such  census,  and  in  compil- 
ing the  reports  thereon.  This  school  census  shall  be  taken  in 
July  of  the  even  numbered  years,  and  the  State  Superintendent 


17 

of  education  may  cause  the  whole  or  any  part  of  the  school  cen- 
sus of  any  county  or  of  any  city  to  be  retaken  at  any  time,  if,  in 
the  judgment  of  the  State  board  of  education  the  whole  or  any 
part  of  the  census  has  not  been  properly  taken. 

Section  16.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education  a  uniform  series  of  forms 
and  blanks  for  the  use  of  county  boards  of  education,  boards  of 
education  of  cities,  school  officials  and  teachers,  and  it  shall  be 
his  duty  to  see  that  all  financial  matters,  and  all  educational 
records  are  so  kept,  and  that  all  reports  are  made  according  to 
these  forms  and  blanks.  He  shall  also  prepare,  or  cause  to  be 
prepared,  and  submit  for  approval  and  adoption  by  the  State 
board  of  education,  forms  and  blanks  to  be  used  in  the  annual 
report,  and  in  the  monthly  reports  of  persons  conducting  private 
denominational  and  parochial  schools,  and  of  private  educational 
associations,  corporations,  or  institutions. 

Section  17.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared,  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education  rules  and  regulations  for 
the  enforcement  of  school  attendance,  as  provided  for  in  article 
fifteen  of  this  Act. 

Section  18.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared,  and  submit  to  the  State  board  of 
education,  plans  and  rules  and  regulations  for  the  administra- 
tion of  the  provisions  of  the  Vocational  Education  Act  as  pre- 
scribed in  article  twenty-one  (21)'  of  this  Act. 

Section  19.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared,  an  annual  report  of  the  State  board 
of  education,  and  shall  submit  on  the  first  day  of  December,  or 
as  early  thereafter  as  practicable,  the  same  to  the  board  for  its 
approval  and  adoption.  He  shall  also  prepare,  or  cause  to  be 
prepared,  all  other  reports  which  are  or  may  be  required  of  this 
board. 

Section  20.  The  State  superintendent  of  education  shall  pre- 
pare and  submit  for  approval  by  the  State  board  of  education 
such  budget  for  each  quadrennium,  or  for  such  other  period  as 
may  be  fixed  by  the  State  Budget  Commission  or  other  duly  au- 
thorized body. 

Section  21.  The  State  superintendent  of  education  shall  pre- 
pare, or  cause  to  be  prepared,  and  submit  for  approval  and  adop- 
tion by  the  State  board  of  education  such  legislative  measures 
as  are  in  his  opinion  needed  for  the  further  development  and  im- 
provement of  the  free  public  schools  of  the  State. 

Section  22.  The  State  Department  of  Education  is  hereby 
organized  into  the  following  divisions,  the  heads  of  which  shall 
be  members  of  the  force  of  the  Department  of  Education.    The 


18 

State  board  of  education  may  create  other  divisions  from  time  to 
time,  within  the  Hmits  of  its  appropriations  for  maintenance. 
The  functions  and  duties  of  the  divisions  hereby  created  shall 
include  the  following :    . 

1.  EXECUTIVE  AND  BUSINESS  MANAGEMENT:  In 
this  division  shall  be  the  chief  clerk  of  the  Department  of  Edu- 
cation, who  shall  hold  office  at  the  pleasure  of  the  board,  and 
shall  give  bond  for  the  faithful  performance  of  his  duties.  He 
shall  perform  such  duties  as  may  be  assigned  to  him  from  time 
to  time  by  the  State  board  of  education,  or  the  State  superintend- 
ent of  education. 

2.  TEACHER  TRAINING,  CERTIFICATION  AND 
PLACEMENT.  This  division,  subject  to  the  approval  of  the 
State  superintendent  of  education,  shall  prescribe  the  rules  and 
regulations  for  the  certification  of  teachers,  for  the  placement 
of  teachers  and  for  the  training  of  teachers  in  service,  and  in 
teacher  training  institutions,  and  for  the  work  of  extension.  The 
working  force  of  this  division  shall  include  a  director  of  teacher 
training,  a  secretary,  and  such  professional  and  clerical  assist- 
ants as  may  be  necessary  to  give  full  force  and  effect  to  the  laws 
governing  the  certification,  placement  and  training  of  teachers, 
as  provided  in  this  Act,  and  within  the  appropriations  for  such 
purpose. 

3.  STATISTICS.  This  division,  subject  to  the  approval  of 
the  State  superintendent  of  education,  shall  have  the  power  to 
prescribe  the  blanks,  forms,  registers,  rules  and  regulations  for 
making  all  statistical  reports  to  county  and  state  high  school 
officers;  it  shall  prescribe  a  uniform  system  of  book  keeping  to 
be  used  by  the  State  Department  of  Education  and  by  all  county 
and  city  boards  of  education ;  it  shall  attend  to  the  gathering  of 
all  statistical  data ;  it  shall  tabulate,  interpret  and  edit  the  same, 
and  shall  supply  the  United  States  Commissioner  of  Education 
with  any  statistical  information  available.  The  statistical  por- 
tions of  the  annual  report  shall  be  prepared  by  this  division,  as 
directed  by  the  State  board  of  education.  Forms  and  blanks  for 
use  in  compiling  general  school  statistics  shall  conform  as  nearly 
as  may  be  to  the  forms  and  blanks  recommended  by  the  United 
States  Bureau  of  Education.  This  division  shall  attend  to  the 
editing  and  illustrating  of  all  circulars,  bulletins,  and  reports 
prepared  by  the  different  divisions  of  the  State  Department  of 
Education  and  to  their  distribution,  as  approved  and  directed  by 
the  State  board  of  education,  or  by  the  State  superintendent  of 
education. 

4.  RURAL  SCHOOLS.  This  division,  subject  to  the  ap- 
proval of  the  State  superintendent  of  education,  shall  study  the 
needs,  costs,  and  means  of  improvement  of  the  rural  and  small 
town  schools  of  the  State;  assist  in  county  re-organization  sur^ 


19 

veys  and  the  establishment  of  consolidated  schools ;  assist  county 
boards  of  education  and  county  superintendents  in  promoting 
local  tax  levies  to  provide  ways  and  means  for  extending  educa- 
tional and  social  advantages  to  the  rural  sections  and  small  towns 
of  the  State ;  assist  county  educational  authorities  in  the  re-organ- 
ization and  re-direction  of  rural  and  village  schools,  and  per- 
form such  other  duties  as  may  be  assigned  by  the  State  board 
of  education,  or  by  the  State  superintendent  of  education. 

5.  ELEMENTARY  SCHOOLS.  This  division,  subject  to 
the  approval  of  the  State  superintendent  of  education,  shall  study 
the  administrative  and  instructional  problems  and  needs  of  all 
schools  of  elementary  grade,  and  shall  assist  in  the  preparation 
of  school  programs,  manuals  of  the  course  of  study,  and  such  oth- 
er helpful  material  as  may  be  deemed  necessary.  For  the  proper 
co-ordination  of  the  work  the  director  of  the  teacher  training, 
certification  and  placement  division  may  be  placed  in  charge  of 
this  division. 

6.  SECONDARY  EDUCATION.  This  division,  subject  to 
the  approval  of  the  State  superintendent  of  education,  shall 
study  the  administration,  curricula,  problems  and  needs  of  the 
secondary  schools  of  the  State.  For  the  proper  co-ordination  of 
the  work  the  director  of  the  teacher  training,  certification,  and 
placement  division  may  be  placed  in  charge  of  this  division. 
There  shall  be  a  specialist  in  secondary  education,  who  shall 
visit  the  various  secondary  schools  of  the  State  to  classify  the 
schools  according  to  standards  maintained,  to  suggest  means  of 
improving  the  work  of  instruction  and  administration.  This 
division  shall  approve  for  accreditment  to  the  University,  the 
Alabama  Polytechnic  Institute,  and  other  institutions  of  higher 
learning,  those  schools  meeting  the  proper  standards.  It  shall 
study  means  for  a  closer  articulation  of  both  secondary  schools 
and  colleges  on  the  one  hand,  and  of  secondary  and  elementary 
schools  on  the  other  hand. 

7.  PHYSICAL  EDUCATION.  This  division,  subject  to 
the  approval  of  the  State  superintendent  of  education,  shall  out- 
line a  course  of  physical  training  for  the  various  schools  of  the 
State.  It  shall  collect  and  dissseminate  useful  data  on  the  health 
of  school  children,  and  shall  devise  ways  and  means  of  co-ordi- 
nating the  work  of  health  education  of  the  Department  of  Edu- 
cation, and  of  the  county  and  city  boards  of  education,  with  the 
work  of  the  State  board  of  health  and  with  the  health  authorities 
in  counties  and  cities. 

8.  VOCATIONAL  EDUCATION.  This  division,  subject  to 
the  approval  of  the  State  superintendent  of  education,  shall  study 
the  vocational  opportunities  of  the  State  in  agriculture,  home 
economics,  and  trade  and  industry;  assist  in  the  establishment 
of  vocational  schools  and  courses  and  have  the  oversight  and  di- 


20 

rection  of  the  vocational  work  in  schools  receiving  State  and 
Federal  aid ;  prepare  and  publish  bulletins  relating  to  vocational 
work,  study  conditions,  both  within  and  without  the  State,  with 
a  view  to  better  preparing  young  people  for  the  vacations ;  have 
the  supervision  of  the  teacher  training  work  in  home  economics, 
agriculture  and  trade  and  industry  in  the  institutions  approved 
for  the  training  of  teachers,  under  the  Smith-Hughes  law.  At 
the  head  of  this  division  shall  be  a  director  of  vocational  educa- 
tion. 

9.  EXCEPTIONAL  EDUCATION.  This  division,  subject 
to  the  approval  of  the  State  superintendent  of  education,  shall 
have  charge  of  the  organized  work  of  the  State  board  of  educa- 
tion for  the  removal  of  illiteracy  in  Alabama,  and  of  the  educa- 
tional work  in  the  special  child  caring  institutions  of  the  State. 

10.  SCHOOL  AND  COMMUNITY  BETTERMENT.  This 
division  shall  be  charged  with  the  direction  of  school  improve- 
ment, parent-teacher,  and  community  organization  work 
throughout  the  State.  It  shall  encourage  and  co-operate  with 
such  agencies  in  the  State  as  may  be  designated  to  foster  all  ac- 
tivities for  the  betterment  of  school  and  community  interests. 

Section  23.  In  order  that  the  State  Department  of  Educa- 
tion may  exert  its  largest  influence,  provision  shall  be  made  for 
three  series  of  publications  as  follows:  1-  A  monthly  circular 
of  information  containing  such  outlines  and  descriptions  of  the 
work  of  the  State  Department  of  Education  and  such  general 
information,  notices,  and  directions  as  the  State  superintendent 
of  education  shall  direct.  2.  A  series  of  bulletins  to  be  issued 
as  frequently  as  need  be,  to  contain  collected  information  on 
some  of  the  following  subjects:  the  results  of  study  made  by 
different  divisions  of  the  State  Department  of  education,  school 
manuals,  copies  of  the  school  law,  and  such  other  publications 
as  may  be  authorized  by  the  State  board  of  education.  3  An- 
nual reports  as  required  under  this  Act. 

Section  24.  The  State  superintendent  of  education  shall  per- 
form such  other  duties  as  are  assigned  to  him  elsewhere  in  this 
Act,  or  may  be  assigned  to  him  from  time  to  time  by  the  State 
board  of  education,  or  by  law. 

ARTICLE  5.     COUNTY  BOARD  OF  EDUCATION. 

Section  1.  The  general  administration  and  supervision  of 
the  public  schools  and  of  the  educational  interests  of  each  county 
with  the  exception  of  cities  of  two  thousand  (2000)  or  more 
inhabitants,  according  to  the  last  or  any  succeeding  Federal  cen- 
sus, shall  be  vested  in  the  county  board  of  education  except  as 
otherwise  provided  by  law.  The  county  board  of  education  shall 
be  composed  of  five  members,  who  shall  be  elected  by  the  quali- 


21 

fied  electors  of  the  county.  They  shall  be  persons  of  good  moral 
character,  with  at  least  a  fair  elementary  education,  of  good 
standing  in  their  respective  communities,  and  known  for  their 
honesty,  business  ability,  public  spirit  and  interest  in  the  good 
of  public  education.  In  the  event  a  vacancy  occurs  in  the  office 
of  the  county  board  of  education,  the  vacancy  shall  be  filled  by 
appointment  by  a  majority  of  the  remaining  members  of  the 
county  board  of  education,  and  the  appointee  shall  hold  until  the 
next  general  election  following  the  date  of  appointment.  In  the 
the  event  the  vacancy  is  not  filled  by  the  remaining  members  of 
the  county  board  within  thirty  days,  the  State  superintendent  of 
education  shall  fill  such  vacancy. 

Section  2.  At  the  general  election  of  State  and  county  offi- 
cers in  November  1920  and  biennially  thereafter,  a  member  or 
members  shall  be  elected  for  terms  of  six  (6)  years  to  succeed 
the  member  or  members  whose  term  or  terms  of  office  expire 
at  that  time.  The  members  of  the  county  board  of  education 
shall  hold  office  until  their  successors  have  been  elected  and 
qualified.  Before  exercising  any  authority  or  performing  any 
duties  as  a  member  of  the  county  board  of  education,  each  mem- 
ber thereof  shall  qualify  by  taking  and  subscribing  to  the  oath  of 
office  prescribed  by  article  sixteen  (16)  of  the  State  Constitu- 
tion, the  certificate  whereof  shall  be  filed  in  the  office  of  the 
judge  of  probate  of  the  county. 

Section  3.  The  county  board  of  education  shall  hold  an  an- 
nual meeting  each  year  on  the  last  Friday  in  November.  At  this 
meeting  the  board  shall  elect  each  year  one  of  its  members  to 
serve  as  President,  and  one  to  serve  as  Vice-President.  Other 
regular  meetings  shall  be  held  on  the  last  Friday  of  February, 
May  and  September,  and  such  special  meetings  may  be  held,  and 
at  such  place  as  the  duties  and  the  business  of  the  board  may 
require.  The  rules  generally  adopted  by  deliberative  bodies  for 
their  government  shall  be  observed  by  the  county  board  of  edu- 
cation. No  motion  or  resolution  shall  be  declared  adopted  with- 
out the  concurrence  of  the  majority  of  the  whole  board. 

Section  4.  The  members  of  the  county  board  of  education 
shall  receive  from  the  public  school  funds  of  the  county  five  ($5) 
dollars  a  day  and  their  actual  traveling  and  hotel  expenses  in- 
curred in  attending  meetings  of  the  board,  and  transacting  the 
business  of  the  board.  The  members  of  the  county  board  shall 
not  be  allowed  pay  for  more  than  twelve  (12)  days  in  any  one 
year,  and"  their  expenses  shall  be  paid  in  like  manner  as  pro- 
vided for  the  compensation  of  teachers.  They  shall  not  be  re- 
quired to  hold  teacher's  certificates. 

Section  5.  The  county  board  of  education  shall  appoint,  sub- 
ject to  the  provisions  of  article  (6)  of  this  Act,  as  its  execu- 
tive officer,  a  county  superintendent  of  education,  who  shall  also 


22 

be  the  secretary  of  the  county  board  of  education.  As  secretary 
he  shall  conduct  all  correspondence  of  the  board,  keep  and  pre- 
serve all  of  its  records,  receive  all  reports  required  by  the  board, 
and  see  that  such  reports  are  in  proper  form,  complete  and  accu- 
rate. He  shall  have  the  right  to  advise  on  any  question  under 
consideration  by  the  board,  but  shall  have  no  vote.  In  case  the 
office  pf  the  county  superintendent  of  education  is  temporarily 
vacant,  or  when  the  county  superintendent  of  education  is  absent 
by  reason  of  the  nature  of  business  in  hand,  or  otherwise,  the 
board  shall  appoint  one  of  its  members  to  act  for  the  time  being 
as  secretary. 

Section  6.  The  county  board  of  education  shall  select  some 
suitable  person  to  act  as  treasurer  of  the  public  school  funds  of 
the  county.  The  county  treasurer  of  school  funds  shall  serve 
without  pay.  He  shall  receive  and  take  charge  of  any  money, 
fund,  or  proceeds  of  any  character,  which  may  accrue  to  the 
county  for  public  school  purposes.  He  shall  pay  out  all  such 
monies  upon  the  written  order  of  the  county  board  of  education 
through  its  executive  officer,  the  county  superintendent  of  educa- 
tion, and  shall  perform  such  other  duties  as  may  be  prescribed 
by  law. 

Section  7.  All  the  property,  estate,  effects,  money,  funds, 
claims,  and  donations  now  or  hereafter  vested  by  law  in  the  pub- 
lic school  authorities  of  any  county  for  the  benefit  of  the  free 
public  schools  of  any  county,  are  hereby  transferred  and  vested 
in  the  county  board  of  education,  and  their  successors  in  office. 
The  county  boards  of  education  are  authorized,  empowered,  di- 
rected and  required  to  maintain  a  uniform  and  effective  system 
of  public  schools  throughout  their  respective  counties.  Real 
and  personal  estate  granted,  conveyed,  devised  or  bequeathed  for 
the  use  of  any  particular  county,  school  district,  or  public  school, 
shall  be  held  in  trust  by  the  county  board  of  education  for  the 
benefit  of  any  such  county,  school  district,  or  school.  The  county 
board  of  education,  subject  to  the  provisions  of  this  Act,  shall 
determine  with  and  on  the  advice  of  the  county  superintendent 
of  education  the  educational  policy  of  the  county,  and  shall  pre- 
scribe rules  and  regulations  for  the  conduct  and  management  of 
the  schools.  The  authority  vested  in  county  boards  of  education 
shall  not  apply  to  cities  of  two  thousand  (2000)  or  more  inhab- 
itants according  to  the  last  or  any  succeeding  Federal  census. 

Section  8.  The  county  board  of  education  shall  exercise 
through  its  executive  officer,  the  county  superintendent  of  edu- 
cation, and  his  professional  assistants,  control  and  supervision  of 
the  public  school  system  of  the  county,  subject  to  the  provisions 
of  this  Act.  The  board  shall  consult  and  advise,  through  its 
executive  officer,  and  his  professional  assistants,  with  school 
trustees,  principals,  teachers,  and  interested  citizens,  and  shall 


23 

seek  in  every  way  to  promote  the  interest  of  the  schools  under 
its  jurisdiction. 

Section  9.  The  county  board  of  education  shall  provide  sani- 
tary, hygienic,  suitable  and  convenient  water  closets  or  out-hous- 
es for  the  children  of  the  public  schools  under  its  jurisdiction, 
not  less  than  two  for  each  school  or  building  when  both  sexes  are 
in  attendance,  with  separate  means  of  access  to  each.  It  shall 
be  the  duty  of  said  boards  to  make  provisions  for  keeping  the 
said  water  closets  or  outhouses  in  a  clean,  comfortable,  sanitary 
and  hygienic  condition. 

Section  10.  The  county  board  of  education  shall  consolidate 
schools  wherever  in  its  judgment  it  is  practicable,  and  arrange,  if 
possible,  for  the  transportation  of  pupils  to  and  from  such  con- 
soKdated  schools.  But  no  schools  shall  be  consolidated,  by  con- 
solidating two  or  more  separate  schools  located  in  separate  school 
districts,  without  consent  of  said  separate  school  district  trus- 
tees. 

Section  11.  The  county  boards  of  education  of  two  or  more 
counties  shall  have  power  to  provide  jointly  for  the  maintenance 
of  schools  in  or  near  the  dividing  line  of  such  counties,  on  the 
basis  of  the  probable  enrollment  in  such  school  from  the  coun- 
ties represented. 

Section  12.  The  county  board  of  education  shall  appoint, 
upon  the  written  recommendation  of  the  county  superintendent, 
all  principals,  teachers,  clerical  and  professional  assistants  au- 
thorized by  the  board.  The  county  board  may  suspend  or  dis- 
miss for  immorality,  misconduct  in  office,  insubordination,  or 
incompetency  or  wilful  neglect  of  duty,  or  whenever,  in  the  opin- 
ion of  the  board,  the  best  interests  of  the  school  require  it,  sup- 
erintendents, principals,  teachers,  or  any  other  employees  or  ap- 
pointees of  the  board. 

Section  13.  The  county  board  of  education,  subject  to  the 
provisions  of  this  Act,  shall  prescribe,  on  the  written  recom- 
mendation of  the  county  superintendent  of  education,  courses  of 
study  for  the  schools  under  its  jurisdiction,  and  a  printed  copy  of 
these  courses  of  study  shall  be  supplied  to  every  teacher  and  to 
every  interested  citizen  of  the  county. 

Section  14.  The  county  board  of  education,  subject  to  the 
provisions  of  this  Act,  shall,  upon  the  written  recommendation 
of  the  county  superintendent  of  education,  grade  and  standardize 
all  the  schools  under  its  jurisdiction. 

Section  15.  The  county  board  of  education  in  order  to  expe- 
dite the  payment  of  teachers'  salaries  and  to  make  possible  ef- 
ficient supervision,  shall  fix  a  uniform  date  for  each  fiscal  year 
for  the  opening  of  all  schools  in  the  county  under  its  jurisdiction, 
and  all  schools,  as  far  as  in  the  opinion  of  the  county  board  of 
education  may  be  practicable,  shall  open  on  said  date.     If  for  any 


24 

reason  the  board  shall  permit  any  schools  to  open  at  later  date, 
the  reports  and  records  of  such  schools  shall  be  made  so  as  to 
conform  to  the  scholastic  months,  counting  from  the  uniform 
date  hereinabove  mentioned. 

Section  16.  The  county  board  of  education,  subject  to  the 
rules  and  regulations  of  the  State  board  of  education,  shall  cause 
to  be  taken,  under  the  direction  of  the  county  superintendent  of 
education,  a  biennial  school  census  of  the  children  in  the  county 
between  the  ages  of  six  (6)  and  twenty-one  (21)  inclusive,  to 
be  taken  in  July  1920,  and  every  two  years  thereafter,  and  the 
county  superintendent  of  education,  upon  the  direction  at  any 
time  of  the  State  Superintendent  of  Education,  shall  cause  the 
whole  or  any  part  of  any  school  census  in  his  county  to  be  retak- 
en. 

Section  17.  The  county  board  of  education,  upon  the  recom- 
mendation of  the  county  superintendent  of  education,  shall  ap- 
point a  sufficient  number  of  enumerators  to  take  the  census  of 
the  county  during  the  month  of  July.  The  county  board  of 
education,  upon  the  recommendation  of  the  county  superintend- 
ent of  education,  shall  fix  the  compensation  of  the  enumerators 
taking  such  school  census,  and  shall  order  them  paid  out  of  the 
county  treasury.  The  report  of  the  enumerators  shall  be  made 
under  oath  to  the  county  superintendent  of  education  not  later 
than  the  fifteenth  day  of  August  next  succeeding  the  time  of  the 
taking  of  said  census. 

Section  18.  The  county  board  of  education  shall  cause  to 
be  prepared  and  published  annually,  in  the  month  of  October,  in 
sufficient  quantities  for  distribution  among  the  citizens  of  the 
county,  an  annual  report  covering  the  condition,  current  accom- 
plishments, and  needs  for  the  improvement  of  the  schools,  also, 
a  statement  of  the  business  and  financial  transactions  of  the 
board,  which  statement  shall  contain  an  itemized  account  of  all 
receipts  and  expenditures  of  said  board.  Such  statement  must 
show  the  total  amount  of  school  funds  received  by  the  county 
and  the  sources  from  which  derived;  the  amount  expended  for 
teachers*  salaries  in  each  of  the  several  school  districts  of  the 
county  and  the  amount  paid  out  of  the  school  funds  for  any  oth- 
er purpose  than  teachers'  salaries  must  be  shown  and  shall  in- 
clude the  name  of  the  person  to  whom  paid,  the  amount  of  each 
of  such  items  and  the  purpose  for  which  said  amounts  were  ex- 
pended. 

Section  19.  The  county  board  of  education  shall  provide 
schools  of  two  kinds,  those  for  white  children  and  those  for  col- 
ored children.  The  schools  for  white  children  shall  be  free  to  all 
white  children  over  six  (6)  years  of  age.  The  schools  for  col- 
ored children  shall  be  free  to  all  colored  children  over  six  (6) 
years  of  age.     A  reasonable  incidental  fee  to  be  fixed  by  the 


25 

county  board  of  education  by  request  of  the  board  of  school  trus- 
tees, may  be  collected  in  any  school,  but  such  incidental  fee  shall 
not  operate  to  exclude  from  school  any  pupil  between  the  ages 
of  eight  (8)  and  sixteen  (16)  years  during  the  compulsory  at- 
tendance period. 

Section  20.  The  public  schools  of  the  county  shall  include 
elementary  schools,  that  is,  grades  one  to  six,  inclusive;  junior 
high  schools,  that  is,  grades  seven  to  nine,  inclusive ;  and  senior 
high  schools,  that  is,  grades  ten  to  twelve,  inclusive. 

Section  21.  The  county  board  of  education  shall,  upon  the 
recommendation  of  the  county  superintendent  of  education,  ar- 
range the  county  into  one  or  more  appropriate  and  convenient 
compulsory  school  attendance  districts ;  shall  keep  full  and  com- 
plete records  of  the  boundaries  thereof;  and  shall  see  to  it  that 
the  compulsory  attendance  law  is  enforced. 

Section  22.  The  county  board  of  education,  upon  the  recom- 
mendation of  the  county  superintendent  of  education,  subject  to 
the  provisions  of  this  act,  shall  prescribe  the  conditions  on  which 
pupils  in  the  elementary  schools,  limited  to  the  first  six  grades 
of  elementary  instruction,  may  be  admitted  to  junior  high 
schools;  and  also  the  conditions  upon  which  pupils  in  junior 
high  schools  may  be  admitted  to  senior  high  schools. 

Section  23.  The  county  board  of  education,  subject  to  the 
provisions  of  this  act,  shall  prescribe,  upon  the  recommendation 
of  the  county  superintendent  of  education,  forms  and  blanks  on 
which  school  trustees,  supervisors,  attendance  officers,  princi- 
pals, teachers,  janitors,  and  other  regular  employees  shall  make 
such  reports  as  shall  be  required  from  them  by  the  county  board 
of  education. 

Section  24.  The  county  board  of  education  shall  have  au- 
thority, upon  the  recommendation  of  the  county  superintendent 
of  education,  to  borrow  money  on  the  credit  of  the  school  fund 
of  the  county  to  meet  salaries  of  teachers  and  current  expenses 
w^hen  the  current  funds  on  hand  are  not  sufficient  to  meet  the 
same,  to  be  secured  by  a  pledge  of  the  current  revenues  of  the 
year.  All  such  current  loans,  except  such  as  are  based  on  county 
and  district  local  tax  proceeds,  shall  be  paid  within  the  school 
year  in  which  such  current  loans  are  made,  and  from  the  funds 
accruing  for  the  support  of  the  schools  within  such  given  school 
year.  The  amount  so  borrowed  shall  at  no  time  exceed  one-third 
of  the  sum  estimated  for  current  expenses,  as  shown  by  the 
school  budget  for  that  year. 

Section  25.  The  county  board  of  education  shall  make  all 
the  reports  required  to  the  State  board  of  education,  at  such 
time,  upon  such  items,  and  in  such  form  and  on  such  blanks  as 
may  be  prescribed  by  the  State  board  of  education. 


26 

Section  26.  The  county  board  of  education  shall  have  the 
right  to  acquire,  purchase  by  the  institution  of  conaemnation 
proceedings  if  necessary,  lease,  receive,  hold,  transmit  and  con- 
vey the  title  to  real  and  personal  property  for  school  purposes, 
except  where  otherwise  provided.  It  shall  have  the  power  to  sue 
and  contract,  all  contracts  to  be  made  after  resolutions  have  been 
adopted  by  the  board  and  spread  upon  its  minutes.  All  process- 
es shall  be  executed  by  service  on  the  executive  officer  of  the 
board. 

Section  27.  The  county  board  of  education  shall  appoint  for 
every  school  in  the  county  discreet,  competent  and  reliable  per- 
son or  persons  of  mature  years,  not  exceeding  three  in  number, 
residing  near  the  school-house,  and  having  the  respect  and  con- 
fidence of  the  community,  to  serve  as  trustee  or  trustees  of  the 
school,  to  care  for  the  property,  to  look  after  the  general  inter- 
ests of  the  school,  and  to  make  to  the  county  board  of  education, 
through  the  county  superintendent  of  education  from  time  to 
time,  reports  of  the  progress  and  needs  of  the  school,  and  of 
the  will  of  the  people  in  regard  to  the  school. 

Section  28.  The  county  board  of  education  is  charged  with 
the  duty  of  seeing  that  every  school  building  whose  title  is  vested 
in  the  State,  county  or  school  district  is  insured  for  its  insurable 
value,  and  to  this  end  may  use  a  part  of  the  proceeds  of  inci- 
dental fees,  district  tax  levies,  or  such  other  funds  as  may  be 
specifically  set  apart  for  such  purpose  by  the  county  board  of 
education. 

Section  29.  The  county  board  of  education  shall  perform 
such  other  duties  as  are  assigned  to  it  elsewhere  in  this  act,  or 
may  be  assigned  to  it  from  time  to  time  in  accordance  with  law. 

ARTICLE  6.  COUNTY  SUPERINTENDENT  OF 
EDUCATION. 
Section  1.  There  shall  be  a  county  superintendent  of  educa- 
tion in  each  county  in  this  State  who  shall  act  as  the  chief  execu- 
tive officer  of  the  county  board  of  education.  The  county  board 
of  education  of  each  county  shall  appoint  during  the  month  of 
May  a  superintendent  of  schools  for  a  term  of  from  two  to  five 
years  from  the  first  day  of  July  next  succeeding  his  appointment. 
No  person  except  a  present  incumbent  shall  be  appointed  to  the 
office  of  county  superintendent  of  education  after  the  passage  of 
this  act  who  is  not  a  graduate  of  a  standard  normal  school,  or 
who  has  not  completed  courses  in  other  institutions  that,  in  the 
opinion  of  the  State  board  of  education,  are  equivalent  to  such 
education  or  who  does  not  hold  a  1st.  grade  or  life  certificate,  and 
in  addition  thereto  has  had  at  least  three  years  of  successful 
teaching  experience.  Before  assuming  any  of  the  duties  of  the 
office  the  county  superintendent  of  education  must  take  the  oath 
of  office  prescribed  by  the  Constitution,  and  give  bond  in  an 


27 

amount  to  be  fixed  by  the  State  board  of  education  in  a  reputable 
surety  company  authorized  to  do  business  in  Alabama,  condi- 
tioned upon  the  faithful  performance  of  the  duties  of  his  office, 
and  upon  the  accounting  and  paying  over  to  the  proper  authority 
of  all  monies  coming  into  his  hands.  Such  bond  must  be  filed 
and  recorded  in  the  office  of  the  Judge  of  Probate  of  the  county, 
and  a  certified  copy  of  the  bond  must  also  be  filed  in  the  office  of 
the  State  board  of  education  for  its  approval. 

Section  2.  The  county  superintendent  of  education  shall  de- 
vote his  entire  time  -to  public  school  business,  and  shall  receive 
such  compensation  as  the  county  board  of  education  shall  direct. 
No  county  superintendent  of  education,  appointed  to  office  under 
the  provisions  of  this  chapter,  shall  be  paid  an  annual  salary  of 
less  than  fifteen  hundred  ($1500)  dollars,  and  the  county  board 
of  education  may  remove  the  county  superintendent  of  education 
for  immorality,  misconduct  in  office,  incompetency,  or  wilful 
neglect  of  duty,  or  when,  in  the  opinion  of  the  county  board,  the 
best  interests  of  the  schools  require  it. 

Section  3.  The  county  superintendent  of  education  as  the 
executive  officer  of  the  county  board  of  education,  shall  see  that 
the  laws  relating  to  the  schools,  the  rules  and  regulations  of  the 
State  and  county  boards  of  education  are  carried  into  effect.  The 
county  superintendent  of  education  shall  have  authority  to  ad- 
minister oaths,  and  to  examine  witnesses,  under  oath  in  any  part 
of  the  county  on  any  matter  pertaining  to  the  public  schools  of 
the  county,  and  to  cause  the  examination  to  be  reduced  to  writ- 
ing. Any  person,  who  having  been  sworn  or  affirmed  by  him  to 
tell  the  truth,  and  who  wilfully  gives  false  testimony,  shall  be 
guilty  of  perjury. 

Section  4.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  recommend  for  approval  and 
adoption  by  the  county  board  of  education,  the  kind,  grade  and 
location  of  schools  to  be  established  and  maintained,  and  the 
compulsory  school  attendance  districts  to  be  established. 

Section  5.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  recommend  for  approval  and 
adoption  by  the  county  board  of  education,  educational  policies 
to  promote  the  educational  interests  of  the  county,  and  rules  and 
regulations  for  the  conduct  of  the  schools. 

Section  6.  The  county  superintendent  of  education  as  exec- 
utive officer  of  the  county  board  of  education,  shall  call  and  con- 
duct conferences  with  principals,  teachers,  attendance  officers, 
school  trustees,  and  other  interested  citizens,  and  shall  in  every 
way  seek  to  foster  in  teachers  professional  insight  and  efficiency, 
and  to  develop  public  interest  in  education. 

Section  7.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  recommend  a  building  pro- 


28 

gram  adequate  to  the  present  and  future  needs  of  the  schools  in 
the  county.  He  shall  recommend  a  plan  for  the  laying  out  of 
such  local  district  or  districts  as  will  best  serve  the  interests  of 
the  entire  county,  and  shall  submit  the  same  for  approval  and 
adoption  by  the  county  board  of  education. 

Section  8.  The  county  superintendent  of  education  shall 
recommend  to  the  county  board  of  education  for  condemnation 
school  buildings,  which  are  insanitary  and  unfit  for  use.  He 
shall  recommend  in  writing  all  repairs,  purchase  of  playgrounds, 
and  school  sites  and  buildings  to  be  erected  with  State,  county  and 
local  aid,  and  shall  see  to  it  that  the  plans  and  specifications,  and 
the  rules  and  regulations  of  the  State  board  of  Education,  with 
reference  to  the  erection,  repair,  and  equipment  of  the  school 
buildings,  are  carefully  followed.  He  shall  approve  in  writing 
all  contracts  of  whatever  kind  entered  into  by  the  county  board 
of  education. 

Section  9.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  prepare  and  submit  for  ap- 
proval and  adoption  by  the  county  board  of  education,  rules  and 
regulations  governing  the  conditions  under  which  children  may 
be  admitted  to  junior  and  senior  high  schools  of  the  county. 

Section  10.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  work  out  plans  for  the  con- 
solidation of  schools,  and  for  the  grounds,  buildings,  and  equip- 
ment of  such  consolidated  schools,  and  submit  the  same  for  ap- 
proval and  adoption  by  the  county  board  of  education. 

Section  11.  The  county  superintendent  of  education,  sub- 
ject to  the  provisions  of  this  Act,  shall  prescribe  courses  of  study 
for  the  schools  of  the  county  and  submit  the  same  for  approval 
and  adoption  by  the  county  board  of  education.  Printed  copies 
of  these  courses  of  study  shall  be  supplied  to  every  teacher  and 
interested  citizen  of  the  county. 

Section  12.  The  county  superintendent  of  education,  sub- 
ject to  the  provisions  of  this  Act,  shall  prepare  rules  and  regu- 
lations for  grading  and  standardizing  all  public  schools  of  the 
county,  and  shall  submit  same  for  approval  and  adoption  by  the 
county  board  of  education.  He  shall  grade  and  standardize  all 
public  schools  of  the  county,  and  shall  recommend  the  same  for 
the  approval  of  the  county  board  of  education. 

Section  13.  The  county  superintendent  of  education  shall  be 
the  representatives  of  the  State  superintendent  of  education  in 
all  State  examinations  for  teachers'  certificates,  conducted  within 
the  county,  and  shall  perform  such  duties  in  connection  there- 
with as  may  be  required  by  the  State  board  of  education. 

Section  14.  The  county  superintendent  of  education  shall 
nominate  in  writing  for  appointment  by  the  county  board  of 
education,  all  principals,  teachers,  and  all  other  regular  em- 


29 

ployees  of  the  board.  He  shall  assign  them  to  their  positions, 
transfer  them  as  the  needs  of  the  schools  require,  recommend 
them  for  promotion,  suspend  them  for  cause,  and  recommend 
them  for  dismissal. 

Section  15.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  organize  and  attend  county 
and  local  institutes  for  teachers  and  citizens,  and  shall  organize 
and  direct  the  reading  circle  work  of  the  county,  advise  teachers 
as  to  their  further  study  in  professional  reading,  and  assist  par- 
ents and  citizens  to  acquire  knov^ledge  of  the  aims  and  work  of 
the  school. 

Section  16.  The  county  superintendent  of  education  shall 
visit  the  schools,  observe  the  management  and  instruction,  and 
give  suggestions  for  the  improvement  of  the  same.  He  shall 
advise  with  principals,  teachers,  school  trustees,  and  other  inter- 
ested citizens,  and  shall  endeavor  in  every  way  to  promote  public 
interest,  and  improve  the  school  conditions  of  the  county. 

Section  17.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  prepare  forms  and  blanks 
on  which  school  trustees,  supervisors,  attendance  officers,  prin- 
cipals, teachers,  janitors,  and  other  regular  employees  shall  make 
such  reports  as  shall  be  required  by  the  county  board  of  educa- 
tion, and  shall  submit  the  same  for  approval  and  adoption  by  the 
county  board  of  education. 

Section  18.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  prepare  an  annual  school  budg- 
et for  the  schools  of  the  county,  and  shall  submit  the  same  for 
approval  and  adoption  by  the  county  board  of  education.  He 
shall  in  every  way  seek  to  secure  funds  for  the  support  and  de- 
velopment of  the  schools  of  the  county. 

Section  19.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  direct  the  taking  of  the  coun- 
ty biennial  school  census,  in  keeping  with  Section  16  of  Article  5 
of  this  chapter.  He  shall  cause  the  census  to  be  retaken  in  whole 
or  in  part  when  directed  to  do  so  by  the  State  superintendent  of 
education.  The  county  superintendent  shall  require  the  numer- 
ators to  make  their  report  to  him  not  later  than  August  the  fif- 
teenth following  the  date  of  taking  the  census,  and  on  or  before 
September  the  first  following,  the  county  superintendent  of  edu- 
cation shall  make  his  consolidated  report  to  the  State  board  of 
education.  This  consolidated  report  shall  include  the  census  da- 
ta reported  to  him  by  the  superintendent  of  schools  of  cities  of 
two  thousand  (2000)  or  more  inhabitants  according  to  the  last 
or  any  succeedinc:  Federal  census. 

Section  20.  The  county  superintendent  of  education,  subject 
to  the  provisions  of  this  Act,  shall  see  to  it  that  the  laws  requir- 
ing school  attendance  are  enforced.     The  county  superintendent 


30 

of  education  shall  prepare,  or  cause  to  be  prepared,  and  submit 
to  the  county  board  of  education  for  adoption,  all  reports  requir- 
ed of  the  county  board  of  education  by  the  State  board  of  educa- 
tion, and  the  State  superintendent  of  education,  and  he  shall  pre- 
pare, or  cause  to  be  prepared,  and  submit  to  the  county  board  of 
education  the  annual  report  as  required  under  this  chapter.  The 
county  board  of  education  may  in  its  discretion  provide  upon  the 
nomination  of  the  county  superintendent  of  education,  at  least 
the  following  assistants :  an  elementary  school  supervisor  and  a 
statistical  and  stenographic  clerk.  No  person  shall  be  eligible 
for  appointment  as  such  supervisor  v^ho  does  not  hold  a  certifi- 
cate of  graduation  from  a  State  Normal  School  or  the  equivalent 
thereof.  The  county  board  of  education  may  employ  additional 
clerical  and  professional  assistants,  including  health  supervisors, 
and  may  reimburse  them  for  all  actual  traveling  expenses  neces- 
sary in  the  performance  of  their  official  duties.  The  county 
•board  of  revenue  or  court  of  county  commissioners,  shall  provide 
the  county  superintendent  of  education  and  his  professional  and 
clerical  assistants  with  ample  convenient  and  comfortable  office 
quarters.  The  county  board  of  revenue  or  court  of  county  com- 
missioners shall  also  provide  necessary  furniture,  office  equip- 
ment, stationery,  postage,  forms,  and  supplies  required  by  the 
county  superintendent  of  education  and  his  assistant. 

Section  21.  The  county  superintendent  of  education  shall, 
on  or  before  the  first  day  of  November  of  each  year  forward  to 
the  State  superintendent  of  education  on  blanks  to  be  furnished 
him  by  the  latter,  an  annual  report  of  the  public  schools  of  his 
county  for  the  preceding  year.  In  the  event  any  county  super- 
intendent shall  fail  to  make  and  forward  to  the  State  superin- 
tendent of  education  any  report  required  under  this  article  with- 
in ten  days  after  the  time  it  should  be  made,  he  shall  be  liable  to 
the  forfeiture  of  his  office,  said  forfeiture  to  be  declared  by  the 
State  board  of  education.  The  books,  accounts,  and  vouchers 
of  the  county  superintendent  of  education  may  be  examined  at 
any  time  by  the  State  superintendent  of  education  in  person  or 
by  his  duly  authorized  agent. 

Section  211/2-  The  county  superintendent  of  education  shall 
publish  annually  in  the  county  newspaper  at  the  county  seat  of 
each  county  a  full  and  complete  itemized  statement  of  the  re- 
ceipts and  disbursements  of  the  county  at  the  same  time  he  for- 
wards same  to  the  State  superintendent  of  education. 

Section  22.  The  county  superintendent  of  education  at  the 
end  of  each  scholastic  month  following  the  date  fixed  for  the 
opening  of  the  schools  in  the  county,  according  to  Section  fifteen. 
Article  five  of  this  act,  shall  prepare  his  pay  roll  covering  the 
amounts  due  such  teachers,  and  other  employees  of  the  county 
board  of  education  as  are  not  employed  by  the  calendar  month. 


31 

He  shall  in  addition,  not  later  than  the  fifth  day  of  each  calendar 
month  make  a  pay  roll  covering  one-sixth  of  the  available  school 
funds  apportioned  by  the  county  board  of  education  to  cities  of 
two  thousand  (2000)  or  more  inhabitants,  according  to  the  last 
or  any  succeeding  Federal  census  until  the  full  amount  appor- 
tioned to  said  cities  shall  have  been  paid ;  also  the  amounts  due 
to  the  employees  of  the  county  board  of  education  employed  by 
the  calendar  month,  and  all  bills  and  other  items  authorized  by 
the  county  board  of  education.  The  county  superintendent  of 
education,  not  later  than  ten  days  before  the  close  of  each  schol- 
astic month,  shall  file  with  the  county  treasurer  of  school  funds, 
a  certificate  showing  the  amount  estimated  to  he  required  to 
meet  the  pay  rolls  authorized  above.  No  teacher  shall  be  entitled 
to  receive  payment  for  services  unless  all  the  current  records  of 
the  school  have  been  kept  with  care  and  accuracy,  and  no  teach- 
er or  other  employee  of  the  board  shall  be  entitled  to  receive  pay- 
ment for  services  unless  all  records  required  by  the  county  board 
of  education  have  been  properly  made  and  submitted. 

ARTICLE  7.     THE  BOARD  OF  SCHOOL  TRUSTEES. 

Section  1.  There  shall  be  a  Board  of  school  trustees  for  each 
elementary  public  school  to  be  composed  of  the  school  trustees 
appointed  in  accordance  with  Section  27  of  Article  5  of  this  Act. 

Section  2.  The  Board  of  school  trustees  shall  hold  an  annual 
meeting  each  year  on  the  first  Saturday  in  June,  or  as  soon 
thereafter  as  practicable.  At  this  meeting  the  board  shall  ap- 
point one  of  its  members  as  chairman  and  shall  give  notice  of 
such  appointment  to  the  County  board  of  education.  Other  reg- 
ular meetings  shall  be  held  at  least  twice  during  the  scholastic 
year,  and  such  special  meetings  shall  be  held  as  the  duties  and 
business  of  the  board  shall  require.  The  principal  teacher  of 
the  school  shall  be  the  secretary  of  the  board  of  school  trustees 
and  shall  attend  all  meetings  of  the  board  xexcept  when  the  board 
is  in  executive  session.  The  principal  teacher  shall,  with  the 
consent  of  the  majority  of  the  members  of  the  board,  have  the 
right  to  speak  upon  all  questions,  but  shall  have  no  right  to  vote, 
shall  prepare  for  adoption  all  reports  required  by  the  county 
board  of  education,  shall  keep  all  records  of  accounts  of  incident- 
al funds,  shall  keep  the  minutes  of  the  meetings  of  the  board  in 
the  record  book  provided  by  the  county  board  of  education,  and 
shall  conduct  the  correspondence  of  the  board  of  school  trustees. 

Section  3.  The  board  of  school  trustees  shall  have  the  power 
by  unanimous  vote  to  refuse  to  accept  the  original  assignment 
of  any  teacher  not  later  than  thirty  (30)  days  before  the  time 
set  for  the  opening  of  the  school  upon  written  notification  to  the 
county  superintendent  of  education  setting  out  the  reaosn  for 
such  refusal,  and  it  is  hereby  made  the  duty  of  the  county  super- 


32 

intendent  of  education  to  nominate  another  teacher    for    such 
school. 

Section  4.  No  teacher  shall  have  the  power  to  dismiss  pupils 
during  school  hours,  or  close  the  school  during  school  hours  un- 
less in  case  of  emergency  without  the  consent  of  the  board  of 
school  trustees  or  the  county  superintendent  of  education. 

Section  5.  The  board  of  school  trustees  shall  have  the  power 
with  the  approval  of  the  county  board  of  education  to  fix  a  rea- 
sonable incidental  fee  to  be  paid  by  each  pupil  entering  the 
school. 

Section  6.  The  board  of  school  trustees  with  the  approval  of 
the  principal  shall  have  the  power  to  recommend  the  appoint- 
ment of  a  janitor  for  the  school  under  its  jurisdiction. 

Section  7.  The  board  of  school  trustees  shall  visit  the  schools 
under  their  jurisdiction  at  least  once  each  month  and  consult 
with  the  teachers  and  principals  of  the  school  as  to  the  progress 
of  the  pupils,  conditions  and  cleanliness  of  the  school,  and  the 
grounds  belonging  to  same,  and  give  such  aid  as  in  their  power 
for  the  advancement  of  said  school. 

Section  8.  The  board  of  school  trustees  shall  have  the  care 
of  the  building  and  grounds,  the  school  apparatus  and  other 
school  property.  They  shall  attend  to  all  incidental  repairs  and 
pay  for  the  same  out  of  the  incidental  funds  collected  in  accord- 
ance with  this  article,  provided  that  when  repairs  are  to  be  paid 
for  out  of  other  than  incidental  funds,  the  amount  to  be  expend-^ 
ed  shall  be  approved  by  the  county  superintendent  of  education 
and  authorized  by  the  county  board  of  education  before  the 
repairs  are  made. 

Section  9.  The  board  of  school  trustees  shall  seek  in  every 
way  to  develop  sentiment  in  the  support  of  the  schools  and  in 
case  of  dissatisfaction  they  may  file  with  the  county  board  of 
education  written  charges  requesting  the  removal  of  the  prin- 
cipal or  any  other  teacher  in  said  school. 

Section  10.  The  board  of  school  trustees  shall  see  that  the 
water  closets  or  out  houses  connected  with  the  school  are  kept 
clean,  comfortable,  and  in  a  sanitary  and  hygienic  condition. 

Section  11.  The  board  of  school  trustees  shall  have  the  pow- 
er to  authorize  the  use  of  the  schoolhouse  for  such  civic,  social, 
recreational  and  community  gatherings  as  in  their  opinion  do 
not  interfere  with  the  principal  use  of  the  said  school  building 
or  property.  It  shall  be  the  duty  of  the  person  or  persons  mak- 
ing application  for  the  use  of  the  schoolhouse  for  a  public  meet- 
ing place  to  see  that  the  said  schoolhouse  after  said  meeting  is  in 
as  clean  a  condition  as  it  was  before  said  meeting,  and  in  case 
of  failure  upon  the  part  of  said  person  or  persons  to  whom 
permission  has  been  granted  to  hold  the  meetings  to  place  said 
school  after  said  meeting  in  as  clean  a  condition  as  it  was  when 


33 

said  schoolhouse  was  turned  over  to  said  person  or  persons  for 
said  meeting,  or  the  failure  of  the  person  or  persons  to  respond 
in  damages  to  any  injury  to  the  property,  the  ordinary  wear  and 
tear  excepted,  the  board  of  school  trustees  may  refuse  all  further 
applications  for  the  use  of  said  schoolhouse  by  the  same  parties. 

ARTICLE  8.     CITY  BOARD  OF  EDUCATION. 

Section  1.  A  city  within  the  meaning  of  this  act  shall  in- 
clude all  incorporated  municipalities  of  two  thousand  (2000)  or 
more  inhabitants,  according  to  the  last  or  any  succeeding  Fed- 
eral census.  Provided  that  any  town  in  the  State  having  a  popu- 
lation of  one  thousand  (1000)  and  less  than  two  thousand  (2000) 
inhabitants,  according  to  the  last  or  any  succeeding  Federal  cen- 
sus, shall  have  the  power  through  its  council  or  other  governing 
body  to  select  by  a  majority  vote  of  its  entire  membership  and 
in  accordance  with  the  plans  set  out  in  Section  two  (2)  of  this 
article,  a  board  of  education  of  five  members  to  exercise  the  gov- 
ernment and  control  of  the  schools  in  such  towns  in  the  same 
manner  as  is  provided  in  this  article  for  cities  of  two  thousand 
(2000)  or  more  inhabitants  according  to  the  last  or  any  suc- 
ceeding Federal  census:  provided  further,  that  until  such  time 
as  the  town  council  or  other  governing  body  shall  elect  a  board 
of  education  in  accordance  with  the  provisions  of  this  sectior, 
said  town  shall  remain  under  the  control  of  the  county  board  of 
education. 

Section  2.  The  general  administration  and  supervision  of 
the  public  schools  and  educational  interests  of  each  city  shall  be 
vested  in  a  city  board  of  education,  to  be  composed  of  five  mem- 
bers who  shall  be  residents  of  such  city,  and  who  shall  not  be 
members  of  the  city  council  or  commission.  The  members  of 
such  city  board  of  education  who  shall  serve  without  comDensa- 
tion,  shall  be  chosen  solely  because  of  their  character  and  fitness, 
but  no  person  shall  be  appointed  or  elected  to  this  board  under 
the  provisions  of  this  section  who  is  in  any  way  subject  to  the 
authority  of  the  board.  Annually  at  the  regular  meetings  of  the 
city  council  or  commission  in  April  the  said  council  or  commis- 
sion shall  elect  a  member  or  members  of  the  board  of  education 
to  succeed  those  whose  term  or  terms  of  office  expire  that  year. 
It  is  contemplated  that  the  term.s  of  office  shall  be  five  years  and 
that  the  term  of  one  member  shall  expire  annually.  Until  such 
a  time  as  this  can  be  brought  about  by  the  retirement  of  mem- 
bers now  on  the  board  of  education,  the  city  council  or  city  com- 
mission shall  designate  the  length  of  term  for  which  any  member 
is  to  serve.  Annually  thereafter  at  the  first  regular  meeting  in 
April,  the  city  council  or  commission  shall  elect  a  member  whose 
term  of  office  shall  be  five  (5)  years,  to  succeed  the  member  of 
the  city  board  of  education  whose  term  expires  that  year.     In 


34 

the  event  of  a  vacancy  in  the  membership  of  the  city  board  of 
education  by  resignation  or  otherwise,  the  fact  shall  be  reported 
to  the  city  council  or  commission  by  the  said  board,  and  the  said 
council  or  commission  shall  elect  a  person  to  fill  such  vacancy 
for  the  unexpired  term. 

Section  3-  The  office  of  the  city  board  of  education  shall  be 
in  the  principal  school  building  of  the  respective  city,  unless 
otherwise  adequately  provided  for.  The  city  board  of  education 
shall  provide  the  city  superintendent  of  schools,his  professional 
and  clerical  assistants  with  ample,  convenient  and  comfortable 
office  quarters  and  with  adequate  clerical  supplies  and  equip- 
ment. 

Section  4.  The  city  board  of  education  shall  hold  its  annual 
meeting  each  year  at  its  first  regular  meeting  in  May  following 
the  election  of  said  board  or  any  member  thereof.  At  this  meet- 
ing the  board  shall  elect  each  year  one  of  its  members  to  serve  as 
president  and  one  to  serve  as  vice-president.  The  rules  generally 
adopted  by  deliberative  bodies  for  their  government  shall  be  ob- 
served by  city  boards  of  education.  No  motion  or  resolution 
shall  be  declared  adopted  without  the  concurrence  of  the  major- 
ity of  the  whole  board.  The  board  shall  hold  such  other  meetings 
as  may  be  provided  for  in  its  by-laws. 

Section  5.  The  city  board  of  education  may  appoint  as  its 
executive  officer  a  superintendent  of  schools,  who  may  also  be 
secretary  of  the  board  of  education.  The  superintendent  of 
schools  shall  conduct  all  correspondence  of  the  board,  keep  and 
preserve  all  of  its  records,  receive  all  reports  required  by  the 
board,  and  see  that  such  reports  are  in  proper  form,  complete 
and  accurate.  He  shall  attend  all  meetings  of  the  board  and  of 
its  committees,  he  shall  have  the  right  to  advise  on  any  motion 
under  consideration,  but  shall  have  no  vote.  In  case  the  secre- 
tary is  absent,  the  board  shall  appoint  some  one  to  act  for  the 
time  being.  The  city  treasurer  shall  be  custodian  of  the  school 
funds  of  the  city.  He  shall  receive  and  hold  all  monies  to  which 
the  board  of  education  is  entitled  by  law,  or  which  may  come  in- 
to its  possession.  He  shall  pay  out  all  such  monies  on  the  writ- 
ten order  of  the  superintendent  of  schools,  and  shall  keep  such 
records  and  accounts  of  its  funds  as  shall  be  required. 

Section  6.  The  city  board  of  education  is  hereby  vested  with 
all  the  powers  necessary  or  proper  for  the  administration  and 
management  of  the  free  public  schools  within  such  city  subject 
to  the  provisions  of  this  Act. 

Section  7.  The  city  board  of  education,  subject  to  the  provi- 
sions of  this  Act,  shall  cause  to  be  taken  under  the  direction  of 
the  city  superintendent  of  schools  a  biennial  school  census  of 
the  school  children  in  the  city  between  the  ages  of  six  (6)  and 
twenty-one  (21)  years.     Such  census  shall  be  taken  during  the 


35 

month  of  July,  1920,  and  every  two  years  thereafter,  and  the 
superintendent  of  schools,  upon  the  direction  at  any  time  of  the 
State  superintendent  of  education,  shall  cause  the  whole  or  any 
part  of  the  school  census  in  the  city  to  be  retaken.  The  city  su- 
perintendent of  schools  shall  employ,  with  the  approval  of  the 
city  board  of  education,  a  sufficient  number  of  enumerators  to 
take  the  census  during  the  month  of  July.  The  city  board  of 
education,  upon  the  recommendation  of  the  city  superintendent 
of  schools,  shall  fix  the  compensation  of  the  enumerators  em- 
ployed in  taking  such  school  census,  and  shall  order  the  same 
paid  out  of  the  city  treasury.  The  report  of  the  enumerators  shall 
be  made  under  oath  to  the  city  superintendent  of  schools  not  lat- 
er than  the  10th.  day  of  August  next  succeeding  the  time  of  the 
taking  of  such  census,  and  the  data  gathered  shall  be  in  turn 
transmitted  by  the  city  superintendent  of  schools  to  the  county 
superintendent  of  education  not  later  than  the  15th.  of  August 
thereafter. 

Section  8.  All  property  real  and  personal  and  mixed  now 
held  or  hereafter  acquired  for  school  purposes  shall  be  held  in 
trust  by  the  city  board  of  education  for  the  use  of  the  public 
schools  of  the  city. 

Section  9.  The  city  board  of  education,  subject  to  the  provi- 
sions of  this  Act,  shall  have  the  full  and  exclusive  rights  within 
the  revenue  appropriated  for  such  purposes,  or  accruing  to  the 
use  of  the  public  schools,  to  purchase  real  estate,  furniture,  ap- 
propriate libraries,  fuel  and  supplies  for  the  use  of  the  schools, 
and  to  sell  the  same,  and  to  make  expenditures  for  the  mainte- 
nance and  repairs  of  the  school  grounds,  buildings  and  other 
property,  to  establish  and  build  new  schools,  to  superintend  the 
erection  thereof,  to  purchase  sites  therefor,  to  make  additions, 
alterations  and  repairs  to  the  building  and  other  property  erected 
for  school  uses,  and  to  make  necessary  and  proper  notes,  con- 
tracts and  agreements  in  relation  to  such  matters.  All  such  con- 
tracts shall  inure  to  the  benefit  of  the  public  schools,  and  any 
suit  in  law  or  equity  brought  upon  them  and  for  the  recovery  and 
protection  of  money  and  property  belonging  to  and  used  by  the 
public  schools,  or  for  damages,  shall  be  brought  by  and  in  the 
name  of  the  city. 

Section  10.  The  city  board  of  education,  subject  to  the  pro- 
visions of  this  Act,  shall  have  power  to  establish  and  maintain 
a  system  of  public  schools,  including  kindergartens,  and  play- 
grounds in  which  children  from  five  (5)  to  twenty-one  (21) 
years  of  age,  bona  fide  residents  of  and  living  within  the  corpo- 
rate limits  of  such  city  •shall  be  entitled  to  admission.  City  and 
county  boards  of  education  shall  have  authority  to  reach  agree- 
ments whereby  children  in  the  city  may  attend  the  schools  in 
the  county,  and  whereby  the  children  in  the  county  may  attend 


36 

the  schools  in  the  city,  and  they  shall  do  so  when  the  school  in  the 
city  or  in  the  county,  as  the  case  may  be,  is  nearer  to  such  pupils. 
Other  non-resident  pupils  may  be  admitted  on  such  terms  as  the 
board  of  education  of  the  city  may  prescribe. 

Section  11.  The  city  board  of  education  shall  upon  the  rec- 
ommendation of  the  city  superintendent  of  schools,  employ  such 
professional,  clerical,  accounting  and  statistical  assistants  as, 
in  the  judgment  of  the  board,  are  necessary. 

Section  12.  The  city  board  of  education  shall  fix  the  salaries 
of  all  employees  and  may  suspend  or  dismiss  any  principal  or 
teacher  or  supervisor  or  attendance  officer  or  other  regular  em- 
ployee so  appointed  on  the  written  recommendation  of  the  city 
superintendent  of  schools,  for  immorality,  misconduct  in  office, 
incompetency,  or  wilful  neglect  of  duty,  or  when,  in  the  opinion 
of  the  board,  the  best  interests  of  the  schools  may  require. 

Section  13.  The  city  board  of  education  shall  exercise 
through  its  executive  officer,  the  city  superintendent  of  schools, 
and  his  professional  assistants,  control  and  supervision  over  the 
public  schools  of  the  city.  The  board  shall  consult  and  advise, 
with  its  executive  officer  and  his  professional  assistants,  princi- 
pals, teachers,  and  interested  citizens,  and  shall  seek  in  every 
way  to  promote  the  interests  of  the  schools  under  its  jurisdiction. 

Section  14.  The  city  board  of  education  shall  determine,  on 
the  recommendation  of  the  city  superintendent  of  schools,  and 
subject  to  the  provisions  of  this  Act,  the  educational  policy  of 
the  city,  and  shall  prescribe  rules  and  regulations  for  the  conduct 
and  management  of  the  schools,  and  shall  maintain  separate 
schools  for  white  and  colored  children.  When  lands  shall  be 
required  for  the  site  of  a  schoolhouse  or  for  enlarging  a  school- 
house  lot,  or  for  playgrounds,  or  other  public  school  purposes, 
and  the  board  of  education  for  any  reason  shall  be  unable  to  con- 
tract with  the  owner  or  ovniers  thereof  upon  what  they  deem  to 
be  a  fair  valuation  the  board  of  education  may  institute  con- 
demnation proceedings,  but  no  lot  so  taken  or  enlarged  shall  ex- 
ceed in  the  whole  ten  (10)  acres,  including  the  land  occupied  by 
the  school  building. 

Section  15.  If,  for  any  reason,  the  current  income  of  the 
city  board  of  education  is  inadequate  to  provide  ample,  appro- 
priate and  suitable  grounds,  buildings  and  equipment  for  all  the 
needed  schools  of  the  city,  the  city  board  of  education,  on  the 
recommendation  of  the  city  superintendent  of  schools  shall  peti- 
tion the  city  council  or  commission  to  call  an  election  for  the 
issuance  of  bonds  on  the  credit  of  the  city  in  an  amount  suf- 
ficient to  provide  ample,  appropriate  and  suitable  grounds,  build- 
ings, and  equipment  for  all  the  needed  schools  of  the  city,  sub- 
ject to  the  limitations  set  out  in  the  Constitution  of  the  State, 


37 

and  the  city  council  or  commission  shall  call  the  election  at  the 
time  requested  in  said  petition. 

.  Section  16.  The  city  board  of  education,  subject  to  the  pro- 
visions of  this  Act,  shall  grade  and  standardize  all  the  schools 
under  its  jurisdiction,  and  shall  also  prescribe  courses  of  study. 
Printed  copies  of  the  courses  of  study  shall  be  supplied  to  every 
teacher  and  to  every  interested  citizen  in  said  city. 

Section  17.  The  city  board  of  education,  subject  to  the  pro- 
visions of  this  Act,  shall  prescribe  on  the  recommendation  of  the 
city  superintendent  of  schools,  forms  and  blanks  on  which  the 
superintendent,  teachers,  supervisors,  attendance  officers,  jani- 
tors and  other  employees  shall  make  such  reports  as  may  be  re- 
quired from  them. 

Section  18.  The  city  board  of  education  is  authorized,  em- 
powered and  directed  to  maintain  and  operate  uniform,  equal  and 
efficient  schools  and  shall  annually  prepare  on  or  before  the  first 
day  of  July  a  school  budget  which  shall  show  the  amounts  need- 
ed during  the  succeeding  school  year.  This  annual  school  budget 
shall  also  show  the  estimated  accounts  that  will  be  received  from 
the  State,  from  the  county,  and  from  any  local  tax  levy  for 
schools,  the  estimated  amount  of  aid  that  will  be  received  by 
reason  of  the  Vocational  Education  Act  or  other  sources,  to- 
gether with  the  amount  needed  to  supplement  the  receipts  from 
said  sources,  and  sufficient  to  meet  the  needs  of  the  schools.  It 
shall  be  the  duty  of  the  city  council  or  commission  to  make  such 
an  appropriation  as  will  care  for  the  deficit  from  the  treasury 
of  the  city,  if  at  all  practicable  to  do  so. 

Section  19.  If  for  any  reason  the  current  funds  on  hand  are 
not  sufficient  to  meet  the  current  expense  of  the  city  board  of 
education,  it  may,  on  the  recommendation  of  the  city  superin- 
tendent of  schools,  borrow  money  to  meet  salaries  of  teachers 
and  current  expenses,  provided  that  the  amount  so  borrowed  shall 
at  no  time  exceed  one-third  of  the  sum  estimated  for  current 
expenses,  as  showm  by  the  school  budget  for  that  year,  and  the 
sum  so  borrowed  shall  be  secured  by  a  pledge  of  the  current 
school  revenues  of  the  year. 

Section  20.  The  city  board  of  education  shall  make  all  re- 
ports required  by  the  State  board  of  education  at  such  time,  and 
upon  such  items  and  in  such  form,  and  on  such  blanks  as  may 
be  prescribed  by  the  State  board  of  education.  The  business  and 
financial  transactions  of  the  city  board  of  education,  and  the 
records  and  accounts  of  its  treasurer  shall  be  audited  as  early 
as  possible  after  July  the  first  of  each  year,  and  may  be  publish- 
ed. 

Section  21.  The  city  board  of  education  shall  have  the  right 
to  establish  and  maintain,  or  aid  in  establishing  and  maintaining 
public  libraries,  either  separately  or  in  connection  with  the  pub- 


38 

lie  schools,  and  also  special  schools  for  backward,  defective,  tru- 
ant or  incorrigible  children,  and  day  or  night  schools  for  adult 
illiterates  and  for  the  Americanization  of  foreigners. 

Section  22.  The  city  board  of  education  shall  cause  to  be 
prepared  and  published  annually,  not  later  than  the  month  of 
October,  in  sufficient  quantities  or  distribution  among  the  inter- 
ested citizens  of  the  city,  an  annual  report  showing  the  condi- 
tion, current  accomplishments  and  needs  for  the  improvement 
of  the  schools ;  also  a  statement  of  the  business  transactions  of 
the  board,  and  the  amount  expended  and  for  what  purpose.  Such 
statement  must  show  the  total  amount  of  school  funds  received 
by  the  city  and  the  sources  from  which  derived.  The  amount 
expended  for  teachers  salaries  in  each  school  and  the  amount 
paid  out  of  the  school  funds  for  any  other  purpose  than  teachers 
salaries  must  be  shown  and  shall  include  the  name  of  the  person 
to  whom  paid,  the  amount  of  each  of  such  items  and  the  purpose 
for  which  said  amounts  were  expended. 

Section  23.  The  provisions  of  this  act  shall  not  apply  to  the 
cities  in  counties  now  having  by  law  a  city  and  county  school 
system  operated  under  a  single  board  of  education,  nor  to  the 
method  of  electing  the  members  of  the  board  of  education  in  any 
city  where  the  members  of  the  board  hold  office  for  life.  Where 
by  any  provisions  of  law,  any  certain  or  definite  percentage  of 
the  revenue  of  any  city  or  town  from  licenses,  or  taxes  either 
or  both  is  required  to  be  used  for  the  maintenance  of  its  public 
schools,  then  such  provisions  shall  be  unaffected  by  this  Act,  and 
shall  be  and  remain  in  full  force  and  effect. 

Section  24.  The  city  board  of  education  shall  maintain  free 
schools  for  all  children  over  six  years  of  age,  but  a  reasonable 
incidental  fee  to  be  fixed  by  the  city  board  of  education  may  be 
collected.  Such  incidental  fee  shall  not  operate  to  exclude  from 
school  any  pupil  between  the  ages  of  eight  (8)  and  sixteen  (16) 
years  during  the  compulsory  attendance  period. 

Section  25.  The  city  board  of  education  shall  perform  such 
other  duties  as  are  assigned  to  it  elsewhere  in  this  Act,  or  may 
be  assigned  to  it  from  time  to  time  in  accordance  with  law. 

ARTICLE  9.     CITY  SUPERINTENDENT  OF  SCHOOLS. 

Section  1.  The  Board  of  Education  may  appoint  a  city  super- 
intendent of  school  for  a  term  of  not  more  than  five  years.  The 
city  superintendent  shall  receive  such  compensation  as  the  Board 
of  Education  shall  direct.  The  city  board  of  education  may  re- 
move the  city  superintendent  of  schools  for  incompetency,  im- 
morality, misconduct  in  office,  wilful  neglect  of  duty,  or  when, 
in  the  opinion  of  the  board,  the  best  interests  of  the  schools  re- 
quire it. 


39 

Section  2.  The  city  superintendent  of  schools  shall  be  the 
chief  executive  officer  of  the  city  board  of  education,  and  shall 
see  that  the  laws  relating  to  the  schools,  and  the  rules  and  regu- 
lations of  the  city  board  of  education  are  carried  into  effect. 

Section  3.  The  city  superintendent  of  schools  shall  explain 
the  true  intent  and  meaning  of  the  school  laws,  and  of  the  rules 
and  regulations  of  the  city  board  of  education,  and  of  the  State 
board  of  education  subject  to  the  provisions  of  this  Act.  He 
shall  decide,  without  expense  to  the  parties  concerned,  all  con- 
troversies and  disputes  involving  the  rules  and  regulations  of  the 
city  board  of  education,  and  the  proper  administration  of  the 
public  schools.  He  shall  have  authority  to  adrhinister  oaths  and 
to  examine  under  oath  witnesses  in  any  matter  pertaining  to  the 
public  schools  of  the  city,  and  to  cause  the. examinations  to  be 
reduced  to  writing.  Any  person  who  having  been  sworn  or 
affirmed  by  him  to  tell  the  truth,  and  who  willfully  gives  false 
testimony  shall  be  guilty  of  perjury,  and  shall  be  punished  ac- 
cordingly. 

Section  4.  The  city  superintendent  of  schools,  subject  to  the 
provisions  of  this  Act,  shall  recommend  for  approval  and  adop- 
tion by  the  city  board  of  education,  the  kind,  grade,  and  location 
of  schools  to  be  established  and  maintained. 

Section  5.  The  city  superintendent  of  schools,  subject  to  the 
provisions  of  this  Act,  shall  recommend  for  approval  and  adop- 
tion by  the  city  board  of  education  policies  adapted  to  promote 
the  educational  interests  of  the  city,  and  rules  and  regulations 
for  the  conduct  of  the  schools. 

Section  6.  The  city  superintendent  of  schools  shall  nominate 
all  employees  of  the  board  and  all  persons  so  nominated  for 
teaching  or  supervising  positions  shall  hold  certificates  issued  by 
the  State  board  of  education. 

Section  7.  The  city  superintendent  of  schools,  subject  to  the 
regulations  from  time  to  time  of  the  city  board  of  education  and 
in  accordance  with  the  provisions  of  this  Act,  shall  outline  a 
building  program  adequate  to  meet  the  needs  of  the  schools  in  the 
city,  and  shall  submit  the  same  for  approval  and  adoption  by  the 
city  board  of  education. 

Section  8.  The  city  superintendent  of  schools  shall  recom- 
mend to  the  city  board  of  education  for  condemnation  school 
buildings  which  are  insanitary  and  unfit  for  use.  He  shall  recom- 
mend all  repairs,  purchase  of  playgrounds,  school  grounds,  school 
sites  and  buildings,  or  the  sale  of  the  same,  and  shall  prepare,  or 
cause  to  be  prepared,  all  plans  and  specifications  for  the  remodel- 
ing of  old  buildings,  and  the  construction  of  new  buildings.  He 
shall  recommend  in  his  discretion  to  the  board  of  education  an 
architect  or  architects  to  assist  in  the  preparation  of  plans  and 
specifications  for  remodeling  old  buildings,  for  the  construction 


40 

of  new  buildings,  and  shall  supervise  such  remodeling  and  con- 
struction. He  shall  approve  in  writing  all  contracts  of  whatever 
kind  entered  into  by  the  city  board  of  education. 

Section  9.  The  city  superintendent  of  schools,  subject  to  the 
provisions  of  this  Act,  shall  prepare  rules  and  regulations  for 
grading  and  standardizing  the  public  schools,  and  shall  recom- 
mend the  same  for  approval  by  the  city  board  of  education. 

Section  10.  The  city  superintendent  of  schools,  subject  to 
the  provisions  of  this  Act,  shall  prepare  courses  of  study  for  the 
schools  of  the  city,  and  shall  submit  the  same  for  approval  and 
adoption  by  the  city  board  of  education.  Printed  copies  of  the 
courses  of  study  shall  be  supplied  every  teacher  and  every  inter- 
ested citizen  of  the  city  or  town.  The  city  superintendent  of 
schools  shall  nominate  in  writing  for  appointment  by  the  city 
board  of  education,  all  principals,  teachers,  supervisors,  attend- 
ance officers,  janitors,  and  all  other  regular  employees  of  the 
board,  and  shall  assign  to  them  their  positions,  transfer  them 
as  the  needs  of  the  schools  require,  recommend  them  for  promo- 
tion, suspend  them  for  cause,  and  recommend  them  for  dismissal. 

Section  11.  The  city  superintendent  of  schools,  subject  to  the 
provisions  of  this  act,  shall  organize  institutes  for  teachers  and 
for  citizens.  He  shall  organize  and  direct  the  reading  circle  work, 
advise  teachers  as  to  further  study  and  professional  reading,  and 
assist  parents  and  teachers  in  acquiring  knowledge  of  the  aims 
and  work  of  the  schools. 

Section  12.  The  city  superintendent  of  schools  shall  visit 
the  schools,  observe  the  managem^ent  and  instruction,  and  give 
suggestions  for  the  improvement  of  the  same.  He  shall  advise 
with  principals  and  teachers,  and  shall  endeavor  in  every  way  to 
promote  public  interest  and  improve  educational  conditions. 

Section  13.  The  city  superintendent  of  schools,  subject  to 
the  provisions  of  this  Act,  shall  prepare  forms  and  blanks  upon 
which  principals,  teachers,  supervisors,  attendance  officers,  jani- 
tors, and  other  regular  employees  shall  make  such  reports  as 
shall  be  required,  and  shall  submit  the  same  for  approval  to  the 
city  board  of  education. 

Section  14.  The  city  superintendent  of  schools,  subject  to  the 
provisions  of  this  Act,  shall  prepare  the  annual  school  budget 
provided  for  in  Article  eight  of  this  Act,  and  shall  submit  the 
same  for  approval  and  adoption  by  the  city  board  of  education. 
He  shall  in  every  way  seek  to  secure  adequate  funds  for  the  sup- 
port and  development  of  the  schools. 

Section  15.  The  city  superintendent  of  schools  shall  direct 
the  taking  of  the  biennial  census  provided  for  in  Article  eight  of 
this  Act.  He  shall  cause  the  census  to  be  retaken  in  whole  or 
in  part  when  directed  to  do  so  by  the  State  superintendent  of 


41 

education.  The  city  superintendent  of  schools  shall  require  the 
enumerators  to  make  their  report  to  him  not  later  than  August 
10th,  following  the  date  of  taking  the  census,  and  on  or  before 
the  15th  day  of  August  following,  the  city  superintendent  of 
schools  shall  make  his  report  of  such  census  to  the  county  super- 
intendent of  education.  He  shall  retain  a  duplicate  of  the  same 
for  the  files  in  his  own  office. 

Section  16.  The  city  superintendent  of  schools  shall  recom- 
mend the  employment  of  one  or  more  attendance  officers,  subject 
to  the  provisions  of  this  Act,  and  the  rules  of  the  city  board  of 
education,  and  shall  see  to  it  that  the  provisions  for  school  at- 
tendance set  out  in  Article  fifteen  of  this  Act  are  enforced. 

Section  17.  The  city  superintendent  of  schools  shall  prepare, 
or  cause  to  be  prepared,  and  submit  to  the  city  board  of  educa- 
tion for  adoption,  all  reports  required  by  the  State  board  of 
education,  and  he  shall  prepare,  or  cause  to  be  prepared,  and  sub- 
mit to  the  city  board  of  education  a  school  report  as  provided  in 
Article  eight  of  this  Act. 

Section  18.  The  city  superintendent  of  schools,  acting  under 
the  rules  and  regulations  of  the  city  board  of  education,  shall  be 
responsible  for  the  administration  of  the  office  of  superintendent 
of  schools,  and  he  shall  see  that  all  regular  appointees  of  the  city 
board  of  education  devote  their  entire  time  to  their  duties. 

Section  19.  The  city  superintendent  of  schools  shall  per- 
form such  other  duties  as  are  assigned  to  him  elsewhere  in  this 
Act  or  may  be  assigned  to  him  in  accordance  with  law. 

ARTICLE  10.    APPORTIONMENT  AND  DISBURSEMENT  OF 
PUBLIC  SCHOOL  FUNDS. 

Section  1.  On  the  first  day  of  October  of  each  year,  or  as  soon 
thereafter  as  practicable,  the  State  Auditor  shall  certify  to  the 
State  superintendent  of  education  the  amount  of  money  which 
has  accrued  and  been  placed  by  him  to  the  credit  of  the  educa- 
tional fund  for  the  scholastic  year  commencing  on  that  day,  stat- 
ing specifically  the  amount  derived  from  each  source,  and  any 
unexpended  balance  there  may  be  from  the  appropriation  of  the 
previous  year  to  be  carried  forward ;  and  the  amount  so  certified 
shall  be  apportioned  by  the  State  superintendent  of  education, 
and  lie  drawn  and  disbursed  as  provided  by  law. 

Section  2.  As  soon  as  such  certificate  is  received  by  the  State 
superintendent  of  education  he  shall  set  apart  such  sums  as  are 
provided  by  law,  and  he  shall  then  apportion  the  remainder  of 
such  funds,  as  far  as  practicable,  among  the  several  counties  in 
the  State,  in  proportion  to  the  number  of  school  children  of 
school  age  therein,  according  to  the  latest  returns  of  enumera- 


42 

tion  of  school  population  of  the  counties  which  have  been  made 
to  his  office,  but  if  such  enumerations  have  not  been  made  as 
provided  by  law,  or  have  not  been  reported  to  him  by  the  county 
superintendent  of  education,  and  the  State  superintendent  of 
education,  has  not  caused  a  new  enum.eration  to  be  made,  he 
shall  then  apportion  to  each  county,  according  to  the  best  infor- 
mation he  can  obtain  of  the  entire  number  of  children  of  school 
age  in  such  counties,  but  in  no  event  shall  he,  in  case  of  such 
failure  to  enumerate  or  report  all  the  children  of  school  age  in 
the  respective  counties,  estimate  the  school  population  of  any 
county  at  more  than  the  last  official  report  to  his  office. 

Section  3.  As  soon  as  such  amounts  have  been  set  apart,  and 
such  apportionment  has  been  made,  the  State  superintendent  of 
education  shall  certify  to  the  State  auditor  the  amount  set  apart 
for  each  particular  purpose  or  appropriation,  and  the  total 
amount  of  the  apportionment  to  the  several  counties,  and  the 
State  auditor  shall  see  that  no  warrants  are  drawn  against  the 
educational  fund,  for  any  purpose,  for  any  amount  in  excess  of 
the  amounts  so  certified  as  set  apart  and  apportioned;  and  he 
shall  certify  to  the  State  treasurer  the  amount  of  the  school  rev- 
enue, exclusive  of  poll  tax,  unapportioned  by  the  State  superin- 
tendent of  education,  and  the  State  treasurer  shall  set  apart  the 
amount  out  of  any  money  received  from  the  taxes  of  the  current 
year,  and  he  shall  keep  the  same  separate  and  apart  from  all 
other  revenues,  and  shall  not  pay  out  any  of  such  money  except 
upon  warrants  for  school  purposes. 

Section  4.  As  soon  as  practicable  after  the  State  superin- 
tendent of  education  has  apportioned  to  the  several  counties  the 
amount  of  school  funds  in  proportion  to  the  number  of  school 
children  of  school  age  therein,  he  shall  certify  and  report  the 
amount  to  the  respective  county  boards  of  education,  taking  their 
receipts  for  such  amounts  so  certified. 

Section  5.  In  making  apportionment  of  school  money  to  the 
school  counties,  the  State  superintendent  of  education  shall  first 
set  apart  to  the  schools  of  each  township  the  amount  due  from 
the  State  thereto  as  interest  on  its  sixteenth  section  fund,  or 
other  trust  fund  held  by  the  State,  and  all  townships  having  an 
income  from  such  source,  or  from  the  lease  or  sale  of  sixteenth 
section  lands,  shall  not  receive  anything  out  of  the  balance  of  the 
educational  fund  to  be  apportioned,  until  the  schools  of  all  other 
townships  having  no  trust  fund,  shall  have  received  from  the 
general  fund  such  amount  as  will  give  them  an  equal  per  capita 
apportionment  with  the  schools  of  the  township  having  such 
income. 

Section  6.  As  soon  as  practicable,  after  the  State  superin- 
tendent of  education  has  apportioned  the  school  funds  to  the  sev- 
eral counties,  and  has  certified  the  same  to  the  county  superin- 


43 

tendents  of  education,  the  county  boards  of  education  shall  appor- 
tion the  funds  awarded  to  their  respective  counties  to  the  several 
schools  and  to  cities  of  two  thousand  (2,000)  or  more  inhabitants, 
according  to  the  last  or  any  succeeding  federal  census,  in  their 
counties  so  as  to  provide,  as  nearly  as  practicable,  school  terms 
of  equal  duration  exclusive  of  any  local  funds  provided  by  the 
school  district. 

Section  7.  The  county  board  of  education  must  keep  a  record 
of  each  and  every  apportionment  and  disbursement  of  school 
funds  of  their  counties  to  the  several  schools  and  to  cities  of  two 
thousand  (2,000)  or  more  inhabitants,  according  to  the  last  or 
any  succeeding  Federal  census. 

Section  8.  Each  county  shall  receive  as  school  money  all  the 
poll  tax  collected  therein ;  and  the  same  shall  be  its  full  distribu- 
tive share  of  the  aggregate  poll  tax  collected  in  this  State. 

Section  9.  The  State  superintendent  of  education  shall,  by 
the  tenth  day  of  October  in  each  year,  or  as  soon  thereafter  as 
practicable,  apportion  to  every  county  the  amount  of  school 
money  such  county  will  be  entitled  to  receive  for  the  scholastic 
year  from  all  sources  except  such  special  taxes,  if  any,  as  may 
have  been  levied  for  school  purposes  in  any  county ;  and  he  shall 
certify  the  same  to  the  State  auditor. 

Section  10.  All  local  school  monies  raised  for  the  support 
of  public  schools  by  taxation  or  otherwise,  shall  be  apportioned 
and  expended  in  the  district  or  districts  or  counties  in  which  the 
same  were  raised,  under  such  rules  and  regulations  as  the  county 
or  city  board  of  education,  as  the  case  may  be,  may  prescribe, 
but  this  section  shall  not  be  construed  to  repeal  any  provision  for 
the  apportionment  and  disbursement  of  monies  mentioned  in  this 
Act  or  provided  for  in  special  or  local  laws,  and  all  funds  contrib- 
uted by  persons  or  otherwise  to  any  school  or  school  district  shall 
be  applied  as  indicated  in  the  grant  from  such  contributors. 

Section  11.  Whenever  a  township  which  has  an  income  from 
a  trust  fund  is  divided  by  a  state  or  county  line  or  otherwise, 
such  income  must  be  divided  between  and  apportioned  to  each 
division  of  such  township  according  to  the  school  population. 

Section  12.  The  annual  appropriation  as  a  contingent  fund 
for  the  State  Department  of  Education  shall  be  used  for  such 
purposes  as  in  the  opinion  of  the  State  superintendent  of  educa- 
tion the  needs  of  the  office  and  the  best  interests  of  the  schools 
of  the  State  may  require.  Whenever  it  shall  become  necessary 
to  draw  on  such  fund,  the  State  superintendent  of  education  shall 
make  requisition  on  the  State  auditor  for  the  amount  required, 
who  shall  issue  his  warrants  on  the  State  treasurer  for  such 
amount. 


44 

ARTICLE  11.    ONE  MILL  COUNTY  SCHOOL  TAX. 

Section  1.  Upon  a  petition  signed  by  two  hundred  or  more 
qualified  electors  of  the  county  who  are  also  free  holders,  to  the 
court  of  county  commissioners,  or  court  of  like  jurisdiction  in 
any  county  within  the  State  of  Alabama,  the  said  court  shall  or- 
der an  election  to  determine  w^hether  or  not  a  special  tax  of  one 
mill  shall  be  levied  for  the  support  of  the  public  schools  within 
said  county  as  hereinafter  provided,  but  only  one  such  election 
shall  be  held  in  any  calendar  year. 

Section  2.  There  shall  be  made  publication  of  the  same  in 
some  newspaper  within  the  county,  which  publication  shall  show 
the  rate  of  such  proposed  tax,  the  time  it  is  proposed  to  be  con- 
tinued and  the  purpose  for  which  the  levy  is  proposed  to  be 
made. 

Section  3.  The  inspectors  and  officers  of  the  election  shall 
be  appointed  and  such  elections  shall  be  held  and  the  result  of 
said  elections  shall  be  declared  in  the  same  manner  and  by  the 
same  officers  as  is  the  result  of  the  regular  elections  for  county 
officers  under  the  general  laws  of  the  State. 

Section  4.  All  persons  who  are  at  the  time  of  such  election 
qualified  electors  in  the  county  where  such  election  is  held  under 
the  laws  and  Constitution  of  Alabama  then  in  existence,  shall  be 
qualified  electors  to  participate  therein. 

Section  5.  The  court  of  county  commissioners,  or  court  of 
like  jurisdiction,  shall  provide  a  sufficient  number  of  ballots  for 
each  voting  precinct  within  said  county,  and  at  the  top  of  each 
ballot  shall  be  printed  the  rate  of  such  proposed  tax,  the  time  it 
is  to  be  continued,  and  that  the  purpose  is  for  the  support  of  the 
public  schools,  and  directly  underneath  in  plain  type  shall  be 
printed  on  different  lines  the  words,  "For  proposed  taxation," 
"Against  proposed  taxation,"  and  a  place  must  be  left  directly 
to  the  left  of  each  line  thereof,  and  the  voters  favoring  the  pro- 
posed taxation  will  make  a  cross  mark  directly  to  the  left  of  the 
line,  "For  proposed  taxation,"  and  the  voter  not  favoring  pro- 
posed taxation  will  make  a  cross  mark  directly  to  the  left  of  the 
line  "Against  proposed  taxation." 

Section  6.  If  three-fifths  of  those  voting  at  said  election 
have  voted  for  the  proposed  taxation,  the  court  of  county  com- 
missioners, or  court  of  like  jurisdiction,  shall  levy  said  special 
tax,  and  cause  the  tax  assessor  to  assess  the  same  on  the  tax- 
able property  in  said  county,  which  shall  not  exceed  ten  cents  on 
each  one  hundred  dollars  of  taxable  property  in  said  county ; 
but  the  rate  of  such  special  tax  shall  not  increase  the  rate  of 
taxation,  State  and  county  combined,  in  any  one  year,  to  more 
than  one  dollar  and  twenty-five  cents  on  each  one  hundred  dol- 
lars of  taxable  property  in  said  county,  but  all  special  county 


45 

taxes  for  public  buildings,  roads,  bridges,  and  the  payment  of 
debts  existing  at  the  ratification  of  the  Constitution  of  1875  shall 
not  be  included  in  the  aforesaid  one  dollar  and  twenty-five  cents 
on  the  hundred  dollars  of  taxable  property. 

Section  7.  The  tax  collector  shall  collect  such  special  tax  in 
the  same  manner  and  under  the  same  requirements  and  laws  as 
taxes  of  the  State  are  collected,  and  shall  keep  said  amount  sepa- 
rate and  apart  from  all  other  funds,  and  keep  a  clear  and  distinct 
account  thereof,  and  turn  the  same  over  to  the  county  treasurer 
of  school  funds  whose  duty  it  shall  be  to  receipt  therefor.  The 
county  board  of  education  shall  apportion  the  same  to  the  various 
schools  throughout  the  county  in  the  same  manner  as  the  general 
school  funds  from  the  State  are  apportioned  in  said  county ;  pro- 
vided, that  the  school  terms  of  the  respective  schools  shall  be 
extended  by  such  supplement  as  nearly  the  same  length  of  time 
as  practicable. 

Section  8.  The  election  hereinbefore  provided  for  may  be 
had  at  the  time  of  holding  any  regular  election  within  the  county, 
and  if  held  at  such  time  the  inspectors  and  officers  of  the  general 
election  shall  conduct  at  the  same  time  the  election  herein  pro- 
vided for ;  and  for  such  services  they  shall  receive  no  compensa- 
tion other  than  that  allowed  them  for  the  holding  of  the  general 
election;  but  if  such  an  election  is  had  at  any  other  time  than 
that  of  holding  a  regular  election  within  the  county,  then  the 
election  officers  shall  receive  the  same  pay  as  that  for  holding  a 
general  election. 

ARTICLE  12.    THREE  MILL  COUNTY  AND  DISTRICT 

SCHOOL  TAX. 

Section  1.  Upon  a  petition  signed  by  two  hundred  or  more 
qualified  electors  of  any  county  to  the  court  of  county  commis- 
sioners or  other  governing  body,  said  court  of  county  commis- 
sioners or  other  governing  body  shall  order  an  election  to  be  held 
at  the  time  specified  in  said  petition  to  determine  whether  or  not 
a  special  tax  shall  be  levied  for  public  school  purposes  within 
said  county,  and  upon  request  of  the  county  board  of  education  to 
the  court  of  county  commissioners  or  other  governing  body,  said 
court  shall  order  an  election  to  be  held  at  the  time  requested  by 
the  said  board  of  education  to  determine  whether  or  not  a  special 
tax  shall  be  levied  for  public  school  purposes  within  any  school 
district  in  the  county  under  the  control  of  such  board ;  and  upon 
the  request  of  any  city  board  of  education  to  the  court  of  county 
commissioners  or  other  governing  body  said  court  shall  order  an 
election  to  be  held  at  the  time  requested  by  said  board  of  educa- 
tion to  determine  whether  or  not  a  special  tax  shall  be  levied  for 
public  school  purposes  within  said  city ;  provided  that  no  election 


46 

in  any  rural  or  city  school  district  shall  be  held  for  the  purpose 
of  levying  and  collecting  a  special  school  tax  for  school  purposes 
unless  the  county  in  which  said  rural  or  city  district  is  located 
shall  be  levying  and  collecting  special  county  taxes  for  school 
purposes  of  not  less  than  thirty  (30)  cents  on  each  one  hundred 
($100)  dollars  worth  of  taxable  property  in  such  county.  The 
sheriff  must  give  notice  at  least  thirty  (30)  days  before  any 
election  to  be  held  under  this  Act,  by  publication  in  some  news- 
paper in  the  county,  if  any  is  published  therein,  and  if  not,  by 
writing  posted  at  the  courthouse  door,  and  at  three  other  public 
places  in  the  county  of  the  time  of  holding,  and  when  any  elec- 
tion is  to  be  held  for  a  special  tax  for  school  purposes  in  any 
rural  or  city  school  district,  written  notices  shall  be  posted  in 
three  public  places  within  said  district  thirty  (30)  days  prior  to 
said  election.  Said  publications,  both  for  special  county  and  dis- 
trict elections  for  school  purposes,  shall  show  the  rate  of  such 
proposed  tax,  the  time  it  is  proposed  to  be  continued,  the  purpose 
for  which  the  levy  is  proposed  to  be  made,  and  a  description  of 
the  boundaries  of  the  proposed  district. 

Section  2.  The  inspectors  and  officers  of  the  special  county 
election  shall  be  appointed,  and  said  election  shall  be  held  and  the 
results  of  such  election  shall  be  declared  in  the  same  manner  and 
by  the  same  officers  as  the  results  of  the  regular  election  for 
county  officers,  under  the  general  election  laws  of  the  State,  pro- 
vided that  the  election  may  be  held  at  the  time  for  holding  any 
regular  election  in  the  county,  and  if  held  at  such  time  the  inspec- 
tors and  officers  of  the  general  election  shall  conduct  at  the  same 
time  the  election  herein  provided  for  and  for  such  services  they 
shall  receive  no  compensation  other  than  that  allowed  them  for 
the  holding  of  the  general  election  and  if  the  election  is  held  at 
some  other  time  than  that  of  holding  the  regular  election  in  the 
county  then  the  election  officers  shall  receive  the  same  pay  as 
that  for  holding  the  general  election. 

Section  3.  Upon  the  written  request  of  the  county  board  of 
education  or  of  the  board  of  education  of  any  city  of  two  thou- 
sand (2,000)  or  more  inhabitants  as  the  case  may  be  according 
to  the  last  or  any  succeeding  Federal  census  for  a  special  election 
in  any  school  district  under  the  control  of  the  respective  board, 
the  court  of  county  commissioners  or  other  governing  body 
shall  call  an  election  at  the  time  and  for  the  rural  or  city  dis- 
tricts as  requested  by  the  respective  board  of  education  and  shall 
appoint  three  (3)  managers  and  one  returning  officer  for  each 
voting  place  in  the  school  district  or  at  such  special  voting  places 
as  may  be  designated  for  the  special  election  by  the  judge  of  pro- 
bate of  the  county  who  is  hereby  empowered  and  directed  to 
locate  such  voting  places,  upon  the  recommendation  of  the  county 
board  of  education  and  such  special  voting  places  shall  be  set  out 


47 

in  the  notices  of  the  special  election.  The  manager  and  return- 
ing officers,  provided  for  above,  shall  conduct  and  make  return 
of  such  election  in  the  rural  or  city  school  district,  and  in  the 
event  such  election  officers  fail  to  appear  at  the  polling  place  to 
which  they  are  appointed,  the  officer  or  officers  who  do  appear 
shall  appoint  some  one  to  take  their  places,  provided  that  all 
election  officers  shall  be  residents  of  the  special  tax  district,  and 
qualified  electors  of  the  beat  or  precinct  in  which  they  reside, 
and  it  shall  be  the  duty  of  the  sheriff  to  notify  all  officers  of 
their  appointment  by  the  court  of  county  commissioners  or  other 
governing  body.  The  managers  of  such  election  shall  open  the 
polls  at  eight  o'clock  A.  M.  and  close  the  same  at  five  o'clock  P.  M. 
on  the  date  of  election,  and  immediately  upon  closing  the  polls 
shall  ascertain  the  results  of  the  election  at  their  respective 
voting  place,  and  make  returns  of  the  same  to  the  court  of  county 
commissioners  or  other  governing  body  of  the  county  and  deliver 
the  ballot  box  containing  the  returns,  with  the  polling  lists,  tally 
sheets  and  other  necessary  papers,  to  the  returning  officers  of 
such  voting  places,  who  shall  deliver  the  same  to  the  court  of 
county  commissioners  or  other  governing  body  on  or  before  noon 
of  the  second  day  of  the  said  election.  The  court  of  county 
commissioners  or  other  governing  body  shall,  within  four  days 
after  said  election  canvass  the  returns  so  made,  and  under  oath 
make  a  written  report  declaring  the  result  of  said  election  in 
said  school  district,  showing  the  number  of  votes  cast,  both  for 
and  against  the  proposed  taxation.  A  copy  of  such  report  shall 
be  printed  in  some  newspaper  published  in  the  county,  and  the 
original  shall  be  filed  in  the  office  of  the  probate  judge,  except  as 
otherwise  provided  herein  said  election  shall  be  held  under  the 
general  laws  of  the  State.  The  officers,  including  the  sheriff, 
shall  perform  the  same  duties,  and  receive  the  same  pay  as  pro- 
vided for  under  the  general  election  laws  aforesaid,  and  all  costs 
and  fees  of  said  election  shall  be  paid  out  of  the  county  treasury. 
Section  4.  In  order  to  make  it  possible  to  work  out  a  system 
of  local  tax  units  adapted  to  the  needs  of  the  whole  county,  the 
county  board  of  education  of  its  own  initiative  shall  fix  the 
boundaries  of  any  school  district  within  its  jurisdiction  in  which 
it  is  proposed  to  levy  a  local  school  tax.  In  making  application 
for  a  special  election  in  any  such  district,  as  provided  in  section 
3  of  this  article,  the  county  board  of  education  shall  submit  a 
map  made  by  the  county  surveyor,  or  other  competent  person, 
showing  the  boundaries  of  the  school  district  for  which  a  special 
tax  levy  is  proposed,  indicating  the  section  or  sections  and 
ranges,  together  with  the  correct  description  of  the  boundaries 
of  the  said  district  for  which  a  special  tax  levy  is  proposed. 
These  maps  shall  also  show  the  location  of  public  utilities,  such 
as  power  plants,  railroad  and  telegraph  lines,  if  any,  in  such 


48 

districts,  and  the  railroad  mileage  for  each  and  every  corpora- 
tion having  property  therein.  The  county  superintendent  shall 
include  a  full  and  correct  description  of  such  boundaries  in  the 
minutes  of  the  county  board  of  education,  and  shall  also  furnish 
a  .full  and  correct  description  of  such  boundaries,  including  a 
map,  to  the  probate  judge,  who  shall  record  the  same  in  a  book 
to  be  kept  by  him  for  that  purpose,  also  to  the  State  Department 
of  Education  and  to  the  State  Board  of  Equalization,  or  other 
board  exercising  corresponding  powers,  including  as  many  copies 
of  such  map  as  there  are  public  utilities,  located  or  operating  in 
such  special  tax  district;  provided,  that  the  tax  levy  in  any  dis- 
trict already  voted  is  hereby  confirmed,  and  it  is  made  the  duty 
of  the  county  board  of  education  to  have  a  proper  map  of  such 
district  made  and  recorded  as  herein  provided ;  provided  further, 
that  the  levy  of  the  district  school  tax  shall  operate  to  fix  the 
boundaries  of  such  district  for  the  time  of  such  special  levy, 
except  as  hereinafter  provided.  Provided,  further,  that  any  city 
of  two  thousand  (2,000)  or  more  inhabitants,  according  to  the 
last  or  any  succeeding  Federal  census  shall  constitute  an  inde- 
pendent school  district  for  the  purpose  of  levying  the  tax  author- 
ized under  this  article,  but  it  shall  not  be  necessary  for  the  city 
board  of  education  when  making  application  or  request  for  a 
special  election  under  the  provisions  of  this  article  to  submit  the 
map  or  the  description  of  boundaries ;  provided  further,  that  any 
tax  levy  already  voted  in  any  city  of  two  thousand  (2,000)  or 
more  inhabitants  according  to  the  last  or  any  succeeding  Federal 
census,  and  any  election  heretofore  called  in  any  such  city  in 
making  application  or  request  for  which  such  map  or  description 
of  boundaries  were  not  submitted,  are  hereby  confirmed. 

Section  5.  When  it  shall  seem  desirable  to  enlarge  any  spe- 
cial tax  district  by  consolidating  with  it  any  adjacent  territory  or 
district,  which  may  or  may  not  be  levying  any  special  school  tax, 
the  county  board  of  education  may  petition  the  court  of  county 
commissioners  or  other  governing  body  to  call  an  election  in  all 
of  the  districts  concerned,  including  the  special  tax  district  pro- 
posed to  be  enlarged,  to  determine  whether  a  special  tax  for  a 
uniform  rate  and  time  shall  be  voted  in  each  and  every  one  of  the 
districts,  provided  that  the  proposed  rate  and  time  shall  not  be 
less  than  the  maximum  rate  in  any  district  or  the  maximum  time 
in  any  district.  Thereupon  the  said  board  of  county  commission- 
ers or  other  governing  body  shall  call  an  election  in  like  manner 
as  already  prescribed  in  section  3  of  this  article  in  the  special 
districts  proposed  to  be  consolidated,  and  if  a  majority  of  the 
qualified  electors  in  each  and  all  of  the  districts  proposed  to  be 
consolidated  shall  vote  favorably  the  districts  shall  be  consolidat- 
ed into  a  new  district,  and  the  tax  as  voted  shall  be  levied  and 
collected  in  the  new  district  as  a  unit,  but  the  creation  of  a  new 


49 

district  shall  not  operate  to  relieve  the  county  board  of  education 
of  responsibility  and  liability  for  the  just  obligations  of  each  and 
all  of  the  districts  so  consolidated,  and  made  prior  to  such  consoli- 
dation; provided  further,  that  in  the  event  a  majority  of  the 
qualified  voters  in  any  of  the  districts  proposed  to  be  consolidated 
shall  vote  against  the  proposed  consolidation,  then  said  consoli- 
dation shall  not  be  made  and  each  district  shall  remain  as  before, 
and  with  the  same  taxing  privileges. 

Section  6.  When  any  election  is  to  be  held  in  any  county  or 
in  any  rural  or  city  school  district,  under  the  provisions  of  this 
Article  the  court  of  county  commissioners  or  other  governing 
body,  shall  provide  the  necessary  number  of  ballots,  polling-lists, 
tally-sheets,  ballot  boxes,  booths,  instructions  for  holding  the 
election,  and  all  other  necessary  and  proper  stationery  for  hold- 
ing said  election ;  and  the  sheriff  shall  see  that  the  same  are  de- 
livered to  the  managers  before  the  day  of  the  election.  The 
ballots  used  in  said  election  shall  have  printed  at  the  top  the 
rate  of  such  proposed  tax,  the  time  it  is  proposed  to  be  continued, 
and  that  it  is  to  be  used  for  public  school  purposes,  and  directly 
underneath  in  plain  type  shall  be  printed  on  different  lines  the 
words,  "For  Proposed  Taxation,"  "Against  Proposed  Taxation," 
and  a  blank  must  be  left  directly  to  the  left  of  each  line  thereof, 
and  the  voter  favoring  the  proposed  taxation  will  make  a  cross- 
mark  directly  to  the  left  of  the  line  "For  Proposed  Taxation" 
and  the  voter  not  in  favor  of  the  proposed  taxation  will  make  a 
cross-mark  directly  to  the  left  of  the  line  "Against  Proposed 
Taxation,"  and  if  it  appears  as  the  result  of  such  election  that  a 
majority  of  those  voting  in  said  election  have  voted  for  such  tax- 
ation, the  court  of  county  commissioners  or  other  governing 
body,  shall  levy  said  special  tax  and  cause  the  tax  assessor  to 
assess  the  same  on  the  taxable  property  in  said  county,  or  in  said 
rural  or  city  school  district,  as  the  case  may  be,  which  shall  not 
exceed  thirty  (30)  cents  on  each  one  hundred  (100)  dollars  worth 
of  taxable  property  in  said  county  or  in  said  rural  or  city  school 
district,  as  the  case  may  be ;  provided  that  any  special  tax  levied 
under  the  provisions  of  this  Article  shall  not  be  for  a  shorter 
term  than  two  (2)  years.  And  in  all  elections  hereafter  held  if 
the  specific  purposes  for  which  said  tax,  when  levied  shall  be  used 
is  printed  on  the  ballots  to  be  used  in  said  election,  it  shall  be  un- 
lawful for  the  county  board  of  education  to  apply  it  to  any  other 
purpose. 

Section  7.  In  any  county  which  has  levied  or  is  levying  a  spe- 
cial county  tax  for  school  purposes,  the  county  board  of  educa- 
tion, in  order  to  erect,  repair,  enlarge  or  equip  school  buildings,  or 
to  make  other  improvements  in  the  school  facilities  of  the  coun- 
ty, or  to  raise  money  for  any  of  such  purposes,  is  hereby  author- 
ized and  empowered  to  issue  and  sell  school  warrants  bearing  in- 


50 

terest  at  a  rate  not  to  exceed  six  per  cent  (6% )  per  annum  for  an 
amount,  including  interest,  not  exceeding  the  income  from  said 
tax  levy,  estimating  such  income  upon  the  basis  of  the  assessed 
value  of  the  taxable  property  in  such  county  for  the  preceding 
tax  year,  as  the  annual  return  for  such  levy  for  the  period  for 
which  such  warrants  are  issued;  and  the  board  of  education  of 
any  county  or  of  any  city  of  two  thousand  (2,000)  or  more  inhab- 
itants according  to  the  last  or  any  succeeding  Federal  census,  in 
order  to  erect,  repair,  enlarge  or  equip  school  buildings  or  to 
make  improvements  in  the  school  facilities  of  any  school  district 
under  its  control  in  which  a  district  school  tax  has  been  or  is  be- 
ing levied,  or  to  raise  money  for  any  of  such  purposes,  is  hereby 
authorized  and  empowered  to  issue  school  warrants  bearing  in- 
terest at  a  rate  not  to  exceed  six  per  cent  (6%)  per  annum  for 
an  amount,  including  interest,  not  to  exceed  the  income  from 
such  tax  levy,  estimating  such  income  upon  the  basis  of  the  as- 
sessed value  of  the  taxable  property  in  such  city  or  school  dis- 
trict for  the  preceding  tax  year,  as  the  annual  return  from  such 
levy  for  the  period  for  which  such  warrants  are  issued.  The  due 
date  of  said  school  warrants  shall  not  extend  beyond  the  30th 
day  of  September  next  after  the  time  when  the  tax  for  the  last 
year  of  said  levy  shall  become  delinquent.  All  warrants  shall  be 
signed  in  the  name  of  such  board,  by  its  president  and  shall  be  a 
preferred  claim  upon  the  proceeds  of  said  tax  levy  in  such  county 
or  school  district,  as  the  case  may  be,  each  year  during  the  pe- 
riod for  which  such  warrants  are  issued  to  the  extent  of  the  war- 
rants maturing  during  such  year,  and  such  board  shall  at  the  be- 
ginning of  each  tax  year,  by  resolution  entered  upon  its  minutes, 
set  apart  so  much  of  the  tax  income  for  that  year  as  will  be  nec- 
essary to  meet  all  warrants  maturing  during  that  year ;  provided, 
that  nothing  herein  contained  shall  prevent  the  said  board  from 
paying  any  of  such  warrants  for  which  the  income  from  said  tax 
levy,  ascertained  as  herein  provided  may  be  insufficient  to  pay. 
Provided  further,  that  the  board  of  education  of  any  city  of  two 
thousand  (2,000)  or  more  inhabitants,  according  to  the  last  or 
any  succeeding  Federal  census,  constituting  an  independent 
school  district,  is  hereby  authorized  to  pay  the  principal  and  in- 
terest, one  or  both,  or  any  part  thereof,  of  bonds  hereafter  issued 
by  any  such  city  to  acquire  sites  for,  and  to  erect,  repair,  enlarge 
or  equip  school  buildings,  or  to  make  improvements  in  the  school 
facilities  of  any  such  city. 

Section  8.  Whenever  such  a  levy  as  is  provided  for  in  this 
Article  is  made  it  shall  be  the  duty  of  the  tax  collector  within  and 
for  that  county  to  collect  such  a  tax  in  the  same  manner  and 
under  the  same  requirements  and  laws  as  the  taxes  of  the  State 
are  collected,  and  he  shall  keep  said  amount  separate  and  apart 
from  all  other  funds,  and  keep  a  clear  and  distinct  account  there- 


51 

of,  showing  what  amount  is  paid,  and  turn  the  same  over  to  the 
county  treasurer  of  school  funds,  whose  duty  it  shall  be  to  re- 
ceipt therefor,  and  pay  out  the  same  on  monthly  pay  rolls,  with 
the  authority  and  approval  of  the  county  board  of  education 
upon  uniform  blanks  prescribed  by  the  State  superintendent  of 
education;  provided  that  the  funds  arising  from  levying  the 
special  tax  for  school  purposes  in  any  school  district  shall  be 
used  for  the  exclusive  benefit  of  the  public  schools  of  such  dis- 
trict, and  in  the  case  of  cities  of  two  thousand  (2,000)  or  more 
inhalDitants,  according  to  the  last  or  any  succeeding  Federal 
census,  the  city  tax  collector,  unless  otherwise  provided  by  law, 
shall  collect  and  pay  over  the  same  to  the  treasurer  of  said  city 
to  be  used  for  the  exclusive  benefit  thereof,  in  accordance  with 
the  law,  provided  that  in  the  event  an  incorporated  town  located 
in  a  special  school  tax  district  comprising  said  town  and  terri- 
tory contiguous  thereto  should  attain  a  population  of  two  thou- 
sand (2,000)  or  more  as  evidenced  by  a  Federal  census,  then  the 
government  and  control  of  the  schools  of  said  city  shall  be  under 
the  city  board  of  education,  and  the  government  and  control  of 
the  schools  in  the  contiguous  territory  outside  of  the  city  shall 
continue  under  the  county  board  of  education ;  provided,  that  the 
tax  collected  in  the  city  shall  be  paid  over  to  the  city  treasurer 
as  provided  by  law  for  the  exclusive  use  of  the  schools  of  said 
city  and  the  tax  collected  in  the  contiguous  territory  shall  be 
paid  over  to  the  county  treasurer  of  school  funds  for  the  benefit 
of  the  schools  in  such  contiguous  territory ;  and  provided  that,  in 
the  event  the  special  school  tax  proceeds  have  been  pledged  for 
the  retirement  of  interest  bearing  warrants,  issued  in  accordance 
with  section  seven  of  this  article,  so  much  of  the  tax  collected  in 
the  original  special  school  tax  district  as  may  be  requried  for  the 
retirement  of  such  outstanding  warrants,  including  the  interest 
thereon,  shall  be  paid  over  to  the  proper  officer  to  be  used  for  the 
retirement  of  such  outstanding  warrants. 

Section  9.  All  persons  who  are  at  the  time  of  such  election 
qualified  electors  in  the  county  where  such  an  election  is  held,  or 
in  the  beat  or  precinct  comprising  such  rural  or  city  school  dis- 
trict where  such  election  is  held  under  the  laws  and  Constitution 
of  Alabama  then  in  existence,  shall  be  qualified  electors  to  partic- 
ipate therein. 

ARTICLE  13.    LOCAL  TAX  BONUS  FUND. 

Section  1.  The  State  superintendent  of  education  shall  certi- 
fy to  the  State  auditor  on  the  first  day  of  October  of  each  year 
the  several  counties  of  the  State  that  are  levying  and  collecting 
for  that  year  a  special  tax  for  school  purposes  aggregating  one, 
two,  or  three  mills  respectively,  and  the  State  auditor,  upon  the 


52 

request  of  the  State  superintendent  of  education,  shall  draw  his 
warrant  for  one  thousand  ($1,000)  dollars  upon  the  State  treas- 
urer, in  favor  of  the  county  treasurer  of  school  funds  of  any 
county  levying  and  collecting  a  special  tax  for  school  purposes 
of  one  mill  and  less  than  two  mills;  for  two  thousand  ($2,000) 
dollars,  in  favor  of  any  county  that  may  be  levying  and  collecting 
for  that  year  special  county  school  taxes  aggregating  two  mills 
and  less  than  three  mills ;  and  for  three  thousand  ($3,000)  dol- 
lars for  any  county  in  the  State  that  may  be  levying  and  collect- 
ing for  that  year  special  county  school  taxes  aggregating  not  less 
than  three  mills.  Each  county  shall  receive  the  warrant  repre- 
senting the  highest  of  the  above  amounts  to  which  it  is  entitled, 

and  no  other. 

Section  2.  The  funds  so  set  apart  for  any  county  shall  be 
paid  out  of  the  special  legislative  appropriation  for  that  purpose 
and  shall  be  expended  by  the  county  board  of  education  as  in  the 
opinion  of  said  county  board  will  best  promote  the  cause  of  edu- 
cation in  said  county. 

ARTICLE  14.    THE  COUNTY  TREASURER  OF  SCHOOL 

FUNDS. 

Section  1.  The  county  treasurer  of  school  funds  shall  be  se- 
lected by  the  county  board  of  education  for  a  term  of  four  years. 
He  shall  receive  and  take  charge  of  all  funds  or  proceeds  of  any 
character  which  may  accrue  to  the  county  for  public  school  pur- 
poses, and  shall  pay  out  all  such  monies  upon  the  written  order 
of  the  county  superintendent  of  education. 

Section  2.  On  the  receipt  of  the  certificate  of  the  county 
superintendent  of  education  setting  out  the  amounts  required  to 
meet  the  pay  rolls  authorized  under  section  twenty-two  (22)  of 
Article  six  (6)  of  this  Act,  the  county  treasurer  of  school  funds 
shall  make  requisition  on  the  State  Auditor  for  the  amount  certi- 
fied by  the  county  superintendent  of  education  to  be  necessary 
to  make  such  pay  rolls,  after  deducting  from  the  amount  so  certi- 
fied the  balance  in  his  hands  for  such  purposes.  This  requisition 
shall  be  mailed  to  the  State  superintendent  of  education  for  ap- 
proval and  transmission  to  the  State  auditor. 

Section  3.  The  county  treasurer  of  school  funds  shall  pay 
promptly  upon  receipt  all  pay  rolls  filed  by  the  county  superin- 
tendent of  education. 

Section  4.  The  county  treasurer  of  school  funds  shall  give 
a  surety  bond  in  twice  the  probable  sum  of  public  school  money 
which  he  may  have  on  hand  at  any  one  time,  the  amount  of  such 
bond  to  be  fixed  and  approved  by  the  State  board  of  education. 


53 

Section  5.  The  county  treasurer  of  school  funds  shall  keep 
proper  vouchers  for  all  monies  paid  out  under  the  terms  of  this 
Act  and  shall  make  such  reports  as  may  be  called  for  by  the 
State  and  county  boards  of  education. 

Section  6.  The  county  treasurer  of  school  funds  may  be 
removed  by  the  county  board  of  education  when,  in  the  opinion 
of  the  said  county  board,  the  best  interests  of  the  schools  may 
require. 

ARTICLE  15.    SCHOOL  ATTENDANCE. 

Section  1.  Every  parent,  guardian  or  other  person  in  the 
State  of  Alabama  having  control  or  charge  of  any  child  or  chil- 
dren between  the  ages  of  eight  (8)  and  sixteen  (16)  years  shall 
be  required  to  send  such  child  or  children  to  a  public  school  or  to 
a  private,  denominational  or  parochial  school,  taught  by  a  com- 
petent instructor,  and  such  child  or  children  shall  attend  school 
for  the  entire  length  of  the  school  term  in  every  scholastic  year, 
provided  that  the  county  or  city  board  of  education,  as  the  case 
may  be,  shall  have  power  to  reduce  the  period  of  compulsory  at- 
tendance to  not  less  than  one  hundred  (100)  days  for  any  indi- 
vidual school,  unless  the  school  term  for  any  school  is  less  than 
one  hundred  (100)  days,  in  which  event  the  period  of  conapul- 
sory  attendance  shall  be  for  the  entire  school  term.  The  period 
of  compulsory  attendance  shall  commence  at  the  beginning  of  the 
school,  unless  otherwise  ordered  by  the  county  or  city  board  of 
education,  as  the  case  may  be,  with  the  approval  of  the  State 
board  of  education. 

Section  2.  Any  child  or  children  fourteen  (14)  years  of  age 
and  upward,  who  have  completed  the  elementary  course  of  study 
or  the  equivalent  thereof,  or  who  are  legally  and  regularly  em- 
ployed under  the  provisions  of  the  Child  Labor  Law,  shall  be 
exempt  from  the  provisions  of  this  Article,  and  in  case  there  be 
no  public  school  within  two  and  one-half  miles  by  the  nearest 
traveled  road  of  any  person  between  the  ages  of  eight  (8)  and 
sixteen  (16)  years,  he  or  she  shall  not  be  subject  to  the  provi- 
sions of  this  article,  unless  public  transportation  within  reason- 
able walking  distance  is  provided. 

Section  3.  Any  (ihild  or  children  who  are  physically  or  men- 
tally incapacitated  for  the  work  of  the  school  are  exempt  from 
this  article,  but  the  school  authorities  shall  have  the  right,  and 
they  are  hereby  authorized,  when  exemptions  under  the  provi- 
sions of  this  article  are  claimed  by  any  parent,  guardian  or  other 
person  having  control  of  any  child  or  children,  to  require  from  a 
practicing  physician  a  properly  attested  certificate,  that  such 
child  or  children  should  not  be  required  to  attend  school  for  some 
physical  or  mental  condition  which  renders  attendance  imprac- 
ticable or  inexpedient. 


54 

Section  4.  That  in  any  case  where  the  court  before  which 
any  prosecution  is  brought  for  violation  of  the  provisions  of  this 
article  shall,  after  inquiry  find  as  a  fact  that  the  parent,  guardian 
or  other  person  having  control  of  the  child  or  children  is  unable 
to  provide  necessary  books  and  clothes  in  order  that  the  child  or 
children  may  attend  school  in  compliance  with  law,  such  parent, 
guardian,  or  other  person  having  the  control  of  the  child  or  chil- 
dren shall  be  discharged,  and  such  child  or  children  shall  be 
turned  over  to  the  juvenile  court,  or  to  the  State  Child  Welfare 
Department  to  be  dealt  with  as  a  dependent  child. 

Section  5.  The  county  board  of  education  shall  arrange  the 
county  exclusive  of  cities  into  one  or  more  attendance  districts, 
and  said  board  shall  appoint  an  attendance  officer  for  every  dis- 
trict created,  who  shall  reside  in  the  district  and  who  shall  hold 
his  office  at  the  will  of  the  county  board  of  education,  and  the 
board  of  education  of  each  city  of  two  thousand  (2,000)  or  more 
inhabitants,  according  to  the  last  or  any  succeeding  Federal 
census,  shall  appoint  one  or  more  attendance  officers  to  serve  at 
the  pleasure  of  the  appointing  board,  provided  that  this  article 
shall  be  so  interpreted  as  to  make  it  possible  for  city  and  county 
boards  of  education,  boards  of  revenue  and  courts  of  county  com- 
missioners to  jointly  employ  any  person  or  persons  to  carry  out 
the  provisions  of  this  article  and  such  additional  duties  as  may  be 
assigned  them  by  such  boards  or  governing  bodies,  in  connection 
with  the  juvenile  court  of  the  county  or  the  State  Child  Welfare 
Department. 

Section  6.  At  the  beginning  of  the  annual  period  of  compul- 
sory attendance,  the  county  superintendent  of  education  or  the 
city  superintendent  of  schools,  as  the  case  may  be,  shall  supply 
to  each  principal  teacher  in  each  school  a  list  of  all  children  be- 
tween the  ages  of  eight  and  sixteen  years,  who  shall  attend  such 
school.  At  the  end  of  the  fifth  day  of  the  opening  of  the  school, 
the  principal  teacher  shall  report  to  the  county  superintendent  of 
education,  who  in  turn  shall  report  to  the  attendance  officer  of 
the  attendance  district,  the  names  and  addresses  of  all  persons 
between  the  ages  of  eight  (8)  and  sixteen  (16)  years,  who  have 
not  enrolled  in  said  schools,  and  thereafter  throughout  the  com- 
pulsory attendance  period,  the  principal  teacher  of  each  school 
shall  report  at  least  weekly  the  names  and  addresses  of  all  pupils 
between  the  ages  of  eight  (8)  and  sixteen  (16)  years,  who  are  ab- 
sent and  whose  absence  is  not  'satisfactorily  explained  by  the 
parent,  guardian  or  other  person  having  control  of  the  child. 

Section  7.  It  shall  be  the  duty  of  the  attendance  officer  to 
investigate  all  cases  of  non-enrollment  and  non-attendance  re- 
ported to  him  in  accordance  with  Section  6  of  this  article.  In  all 
cases  investigated  where  no  valid  reason  for  non-enrollment  or 
non-attendance  is  found,  it  shall  be  the  duty  of  the  attendance 


55 

officer  to  give  written  notice  to  the  parent,  guardian  or  other 
person  having  control  of  the  child,  and  in  the  event  of  the  ab- 
sence of  the  parent,  guardian  or  other  person  having  control  of 
the  child,  from  his  or  her  usual  place  of  residence,  the  attendance 
officer  shall  leave  a  copy  of  the  notice  with  some  person  over 
twelve  years  of  age  residing  at  the  usual  place  of  residence,  with 
instructions  to  hand  such  notice  to  such  parent,  guardian  or 
other  person  having  control  of  such  child,  which  notice  shall 
require  the  attendance  of  said  child  at  the  school  within  three 
days  from  date  of  said  notice. 

Section  8.  If  within  three  (3)  days  from  date  of  service  of 
the  notice  the  parent,  guardian,  or  other  person  having  the  con- 
trol of  the  child  does  not  comply  with  the  provisions  of  this  arti- 
cle, then  the  attendance  officer  shall  make  complaint  in  the  name 
of  the  State  of  Alabama,  against  such  parent,  guardian,  or  other 
person  having  control  of  such  child  in  a  court  of  competent  juris- 
diction, which  court  shall  hear  and  try  all  complaints,  impose 
fines,  enforce  their  collection  by  imprisonment  if  necessary,  and 
fully  execute  the  provisions  of  this  article. 

Section  9.  It  shall  be  unlawful  for  any  parent,  guardian,  or 
other  person  having  control  of  a  child  to  fail  to  send  such  child 
to  school  as  required  by  the  provisions  of  this  article,  and  any 
parent,  guardian,  or  other  person  violating  the  provisions  of  this 
article,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  in  a 
sum  of  not  less  than  five  ($5)  dollars,  nor  more  than  fifty  ($50) 
dollars,  and  may  be  committed  to  the  county  jail  for  a  term  of 
not  to  exceed  thirty  (30)  days.  All  fines  collected  shall  be  paid 
into  the  county  or  city  treasury,  as  the  case  may  be,  and  it  is 
hereby  made  the  duty .  of  all  city  attorneys  in  their  respective 
cities,  and  of  all  county  and  circuit  solicitors  for  the  respective 
counties  and  districts  to  prosecute  all  complaints  filed  and  actions 
brought  under  this  article. 

Section  10.  All  school  officers,  including  those  in  private^ 
denominational  and  parochial  schools  in  this  State,  offering  in- 
struction to  pupils  within  the  compulsory  attendance  ages,  are 
hereby  required  to  make  and  furnish  all  reports  that  may  be 
required  by  the  State  superintendent  of  education,  and  by  the 
county  superintendent  of  education,  or  by  the  board  of  education 
of  any  city  with  reference  to  the  workings  of  this  article.  Every 
teacher  employed  in  the  schools  giving  instruction  to  pupils  with- 
in the  compulsory  attendance  ages,  shall  after  October  1,  1920, 
hold  a  teacher's  certificate  issued  by  the  State  Department  of 
Education.  Every  teacher  in  a  public  school  is  hereby  required 
l)efore  receiving  each  month's  salary,  to  make  a  report  to  the 
county  superintendent  of  education  or  to  the  city  superintendent 
of  schools  as  the  case  may  be,  showing  the  names  and  addresses 


56 

of  all  pupils  who  have  been  truant  or  otherwise  irregular  in  at- 
tendance during  the  previous  month,  and  stating  the  reason  for 
such  truancy  or  irregular  attendance.  All  such  information  shall 
in  turn  be  brought  to  the  notice  of  the  attendance  oif  icer  by  the 
county  superintendent  or  by  the  city  superintendent  of  schools, 
as  the  case  may  be,  and  the  same  shall  be  investigated  by  the 
said  officer. 

Section  11.     In  case  any  pupil  has  become  habitually  truant 
or  because  of  irregular  attendance  or  misconduct  has  become  a 
menace  to  the  best  interests  of  the  school  which  he  is  attending 
or  should  attend,  then  it  shall  be  the  duty  of  the  attendance  offi- 
cer to  report  such  fact  and  condition  to  the  parent,  guardian,  or 
other  person  having  control  of  such  child,  who  shall  be  held  liable 
under  the  provisions  of  this  article  for  the  regular  attendance 
and  good  conduct  of  such  child,  unless  such  parent,  guardian  or 
other  person  having  control  of  such  child  shall  state  in  writing 
to  the  attendance  officer  that  he  or  she  is  unable  to  control  such 
child,  whereupon  said  attendance  officer  shall  proceed  against 
such  incorrigible  pupil  as  a  disorderly  person  before  a  court  of 
competent  jurisdiction,  and  said  child   upon  conviction   may  be 
sentenced,   if  a   white  boy,   to   the  Alabama   Boys'   Industrial 
School;    or   if   a   white   girl,   to   the  State  Training  School  for 
Girls ;  if  a  negro  boy,  to  the  Alabama  Reform  School  for  Juvenile 
Negro  Law-Breakers ;  or  if  a  negro  girl,  to  such  custodial  institu- 
tion in  the  State  as  the  judge  may  designate  and  for  such  time  as 
the  court  may  decide;  provided,  that  the  maintenance  of  such 
child  in  the  institution  shall  be  paid  as  the  law  provides  for  the 
maintenance  of  such  as  are  committed  to  the  aforesaid  institu- 
tions, and  in  all  cases  where  a  child  is  so  committed,  it  shall  be 
placed  in  charge  of  some  suitable  person  designated  by  the  court 
and  conveyed  under  his  direction  to  the  designated  institution, 
and  the  actual  necessary  expenses  thereby  incurred  shall  be  paid 
by  the  board  of  county  commissioners  or  the  county  board  of 
revenue ;  provided,  that  a  woman  shall  always  be  sent  to  accom- 
pany girls  to  be  committed. 

Section  12.  The  attendance  officer  whose  appointment  is  by 
this  article  provided  for,  shall  keep  an  accurate  record  of  all  no- 
tices served,  all  cases  prosecuted,  and  all  other  services  perform- 
ed, and  shall  make  an  annual  report  of  the  same  to  the  county 
board  of  education  or  to  the  city  board  of  education  by  whom  he 
is  employed.  The  attendance  officers  who  are  employed  by  the 
county  or  city  board  of  education  shall  be  paid  by  the  respective 
boards  of  education  such  salaries  as  may  be  required  to  secure 
efficient  service.  Said  attendance  officer  shall  be  paid  as  other 
employees  of  the  county  or  city  boards  of  education  are  paid,  but 
no  attendance  officer  shall  receive  any  compensation  under  the 
provisions  of  this  act  until  he  shall  have  filed  such  reports  as  are 


57 

required  by  the  State  board  of  education,  and  by  the  board  of 
education  of  the  county  or  city  employing  him. 

Section  13.  In  order  that  the  provisions  of  this  article  may 
be  more  definitely  enforced,  the  county  superintendent  of  educa- 
tion or  the  city  superintendent  of  schools,  as  the  case  may  be, 
shall,  not  later  than  ten  days  before  the  compulsory  attendance 
term  is  to  begin,  furnish  to  each  principal  teacher  of  every  school 
under  his  jurisdiction  a  list  of  all  the  children  between  the  ages 
of  eight  (8)  and  sixteen  (16)  years,  who  should  attend  the 
school  or  schools  under  the  charge  of  the  said  principal  teacher, 
giving  the  name,  date  of  birth,  age,  sex,  race,  the  name  and 
address  of  parents,  guardian,  or  other  person  in  parental  rela- 
tionship; provided  that  in  the  case  of  pupils  living  in  cities,  the 
street  and  house  number  shall  be  given  and  in  the  case  of  all 
other  pupils  the  estimated  distance  from  the  schoolhouse  by  the 
nearest  traveled  road  shall  be  given. 

Section  14.  The  information  required  under  Section  13  shall 
be  prepared  by  the  county  superintendent  of  education  with  the 
assistance  of  the  attendance  officers,  for  the  even  numbered 
years,  from  the  census  booklets  on  file  in  his  office.  In  the  odd 
numbered  years,  the  lists  shall  be  prepared  by  the  county  super- 
intendent of  education  with  the  assistance  of  the  attendance 
officers,  by  correcting  and  supplementing  the  lists  prepared  and 
furnished  the  preceding  year.  To  this  end  the  county  superin- 
tendent of  education  shall  make  use  of  the  information  contained 
in  teachers'  registers,  and  such  additional  information  as  he  may 
require  from  school  trustees.  In  the  case  of  the  city  superinten- 
dents of  schools  the  list  shall  be  prepared  for  the  even  numbered 
years  from  the  duplicate  census  booklets  in  his  possession.  In 
the  odd  numbered  years  he  shall  prepare  it,  making  use  of  the 
information  contained  in  teachers'  registers,  and  such  additional 
information  as  he  may  require  from  the  attendance  officers.. 

Section  15.  In  all  public  schools  conducted  under  this  act, 
twenty  days,  with  five  days  each  week,  shall  constitute  a  school 
month,  and  a  school  day  shall  be  not  less  than  six  hours  of  actual 
teaching,  exclusive  of  all  recess  or  intermission  periods,  unless 
otherwise  ordered  by  the  county  or  city  board  of  education  con- 
cerned. 

ARTICLE  16.    CERTIFICATION  OF  TEACHERS. 

Section  1.  No  person  shall  be  employed  as  county  superin- 
tendent of  education,  city  superintendent  of  schools,  assistant 
superintendent,  Supervisor,  principal  or  teacher  unless  such  a 
person  shall  hold  a  certificate  issued  by  the  State  Department  of 
Education,  but  this  section  shall  not  operate  to  disqualify  present 
incumbents  except  as  otherwise  provided. 


58 

Section  2.  All  examinations  for  teachers'  certificates  shall  be 
on  uniform  questions  prepared  and  sent  out  by  the  State  super- 
intendent of  education,  either  in  person  or  through  his  assistants. 
All  examination  papers  shall  be  forwarded  to,  read,  and  corrected 
by  the  State  superintendent  of  education,  either  in  person  or  by 
his  assistants.  The  county  superintendent  of  education  shall 
render  such  assistance  in  holding  examinations  as  may  be  re- 
quired by  the  State  superintendent  of  education.  All  details  con- 
nected with  the  issuance  of  teachers'  certificates,  the  renewal  or 
extension  of  the  same,  and  the  conditions  under  which  the  diplo- 
mas issued  by  institutions  of  higher  learning  of  the  State  of 
Alabama  or  operating  under  charter  granted  by  it  and  of  other 
states  will  be  recognized,  not  provided  for  in  this  article,  shall  be 
determined,  subject  to  the  rules  and  regulations  of  the  State 
board  of  education,  by  the  State  superintendent  of  education.  He 
shall  issue  a  bulletin  containing  full  information  of  the  time  and 
place,  the  number  and  kinds  of  examinations,  and  rules  and  reg- 
ulations controlling  examinations  and  the  issuace  of  certificates 
on  credentials  or  diplomas. 

Section  3.  The  certificates  hereafter  to  be  granted  shall  be 
those  now  prescribed  by  law,  and  such  professional  and  special 
certificates  as  the  State  board  of  education  may  authorize  and 
prescribe;  provided  that  the  issuance  of  third  grade  certificates 
may  be  discontinued  whenever  the  best  interests  of  the  schools 
may  seem  to  require  it. 

Section  4.  Nothing  in  this  article  shall  be  so  construed  as  to 
invalidate  any  certificate  now  in  force  for  the  life  of  such  certifi- 
cate. 

Section  5.  The  State  board  of  education,  on  recommendation 
of  the  State  superintendent  of  education,  shall  prescribe  rules 
and  regulations  for  the  validation  of  certificates  issued  in  other 
states,  for  the  extension  and  renewal  of  teachers'  certificates,  and 
for  the  certification  of  graduates  of  institutions  in  other  states, 
and  upon  the  same  basis  as  to  graduates  of  institutions  in  Ala- 
bama, provided  that  the  standards  maintained  in  such  institu- 
tions do  not  fall  below  those  required  in  Alabama. 

Section  6.  The  State  superintendent  of  education  in  cases  of 
emergency  may  issue  provisional  certificates  of  the  different 
kinds  and  grades,  and  a  provisional  certificate  shall  be  valid  for 
a  period  not  to  exceed  one  year,  and  such  provisional  certificate 
may  not  be  renewed. 

Section  7.  The  State  board  of  education,  upon  the  recommen- 
dation of  the  State  superintendent  of  education,  may  issue  life 
certificates  to  the  holders  of  certificates  herein  described,  and  to 
the  holders  of  certificates  in  force  at  the  time  of  the  adoption  of 
this  Act. 


59 

Section  8.  The  State  superintendent  of  education  shall  keep 
a  full  and  complete  record  of  the  academic  preparation,  profes- 
sional training,  and  teaching  experience  of  each  applicant  to 
whom  a  certificate  is  issued.  He  shall  keep  a  complete  record  of 
the  credentials,  certificates  or  diplomas  upon  which  certificates 
may  have  been  issued,  validated  or  renewed,  and  shall  keep  on 
file  for  at  least  six  (6)  months  the  written  examination  papers. 
He  shall  keep  a  complete  record  and  file  of  all  certificates  issued 
and  of  certificates  in  force.  He  shall  make  know^n  to  the  county- 
superintendents  of  education  or  other  interested  parties,  the 
names  of  all  teachers  who  are  unemployed,  but  who  are  seeking 
positions.  For  making  effective  this  service,  "he  shall  organize  a 
placement  bureau  within  the  division  of  teacher  training,  place- 
ment and  certification,  and  each  teacher  enrolled  in  said  place- 
ment bureau  shall  pay  a  fee  not  to  exceed  one  dollar.  He  shall 
certify  this  into  the  State  treasury  at  least  monthly  along  with 
other  fees  for  the  certification  of  teachers. 

Section  9.  The  third  Mondays  in  April,  July  and  December 
are  appointed  for  the  examination  of  teachers.  The  examination 
may  be  continued  from  time  to  time  for  two  consecutive  days,  if 
such  continuance  shall  be  necessary  for  the  completion  of  the 
work  of  examination,  but  no  examination  shall  be  begun  on  any 
other  day  than  the  first  day  mentioned  in  this  section,  and  no 
examination  shall  be  held  at  any  other  time  than  specified  above. 

Section  10.  Each  applicant  for  examination  shall,  before  en- 
tering upon  examination,  deposit  with  the  person  appointed  to 
conduct  the  examination  an  examination  fee  as  follows :  An  ap- 
plicant for  an  elementary  certificate  of  the  second  grade,  a  fee  of 
one  and  one-half  ($11/4)  dollars;  an  applicant  for  an  elementary 
certificate  of  the  first  grade  a  fee  of  two  ($2)  dollars ;  an  appli- 
cant for  a  life  grade  certificate  a  fee  of  three  ($3)  dollars.  The 
fees  for  the  other  grades  of  certificates  and  for  the  extension  and 
renewal  of  certificates  shall  be  fixed  by  the  State  board  of  educa- 
tion upon  the  recommendation  of  the  State  superintendent  of 
education. 

Section  11.  The  county  superintendent  of  education  shall  not 
receive  any  compensation  for  conducting  the  examination,  but 
each  assistant  employed  shall  be  allowed  a  per  diem  of  five  ($5) 
dollars,  provided  that  an  assistant  may  be  employed  for  each  fifty 
(50)  applicants  or  fraction  thereof  from  and  above  the  first  fifty 
(50)  in  any  given  county.  When  the  superintendent  is  to  be  ab- 
sent, with  the  consent  of  the  county  board  of  education,  he  shall 
notify  the  State  superintendent  of  education  at  least  ten  days 
before  the  time  the  examination  is  to  be  held,  whereupon  the 
State  superintendent  of  education  shall  appoint  one  person  to 
conduct  the  examination  in  place  of  the  county  superintendent  of 
education,  and  such  person  so  appointed  shall  receive  a  per  diem 


60 

of  five  ($5)  dollars  for  such  work.  It  shall  be  the  duty  of  the 
county  superintendent  of  education  to  see  that  suitable  (quarters 
for  holding  the  examination  are  provided,  including  a  supply  of 
tables  or  desks  for  the  convenience  of  those  writing  the  examina- 
tion. The  county  superintendent  shall  furnish  to  the  State  su- 
perintendent a  sworn  statement  of  any  necessary  expense  in- 
curred in  making  such  provision,  which  amount  shall  be  paid 
from  the  general  educational  fund  upon  the  approval  of  the 
State  superintendent  of  education.  The  per  capita  cost  in  no 
case  shall  exceed  ten  cents  for  each  applicant. 

Section  12.  Unless  the  applicant  is  known  to  the  person  ap- 
pointed to  conduct  the  examination  to  be  of  good  moral  charac- 
ter, or  shall  make  satisfactory  proof  of  the  same  in  writing,  he 
shall  not  be  admitted  to  the  examination.  No  applicant  shall  be 
permitted  to  write  the  examination  in  any  county  unless  engaged 
in  school  work  in  such  county,  except  the  county  of  his  residence, 
without  the  written  approval  of  the  State  superintendent  of  edu- 
cation. The  burden  of  proof  under  this  section  shall  be  upon  the 
applicant. 

Section  13.  In  no  case  shall  an  applicant  for  a  certificate 
receive  the  same  who  fails  to  answer  fifty  per  cent  (50%)  of  the 
questions  propounded  in  any  branch  and  whose  general  average 
is  below  seventy-five  per  cent  (75%). 

Section  14.  The  fees  paid  by  applicants  in  accordance  with 
sections  8  and  10  of  this  article  shall  be  certified  at  least  monthly 
into  the  State  treasury  to  the  credit  of  the  general  educational 
fund  by  the  State  superintendent  of  education,  and  the  State 
board  is  authorized  to  spend  so  much  of  the  legislative  appropria- 
tion as  may  be  necessary  to  carry  out  the  provisions  of  this  Arti- 
cle including  the  employment  of  necessary  professional  and  cleri- 
cal help,  the  purchase  of  necessary  equipment  and  supplies,  and 
other  expenses  incident  thereto.  When  it  shall  be  necessary  to 
draw  on  the  special  legislative  appropriation  for  the  purposes  set 
out  in  this  article,  the  State  superintendent  of  education  shall 
make  requisition  on  the  State  auditor  who  shall  issue  his  warrant 
on  the  State  treasurer  for  the  amount  for  which  requisition  is 
made. 

Section  15.  The  city  board  of  education  in  any  city  of  one 
hundred  fifty  thousand  (150,000)  inhabitants  or  more,  may,  as 
an  integral  part  of  its  educational  system,  establish  and  main- 
tain a  normal  training  school  for  the  professional  preparation  of 
teachers.  Any  normal  training  school  so  established  shall  con- 
form to  the  requirements  of  the  State  Board  of  Education  for  the 
Class  A  normal  schools  of  the  State,  including  courses  of  study, 
faculties,  equipment  and  practice  school  facilities.  The  students 
of  such  normal  training  schools  shall  receive  like  recognition  as 
is  granted  students  of  the  Class  A  normal  schools. 


61 
ARTICLE  17.    THE  TRAINING  OF  TEACHERS  IN  SERVICE. 

Section  1.  As  a  means  of  improving  beginning  teachers  and 
teachers  in  service  in  the  pubhc  schools  of  the  State,  teachers' 
institutes  shall  be  held  annually  throughout  the  State,  one  or 
more  in  each  county  or  for  a  group  of  counties,  and  at  such  times 
and  at  such  places  as  the  State  superintendent  of  education,  after 
advising  with  the  county  superintendent  of  education,  shall  di- 
rect, the  nature  of  the  instruction,  and  the  duration  of  the  insti- 
tutes which  shall  not  exceed  four  days  in  any  year  for  any 
county  or  group  of  counties,  shall  be  such  as  to  promote  the  best 
interests  of  the  schools  in  the  respective  counties. 

Section  2.  Every  person  employed  in  a  teaching  or  super- 
visory capacity  by  any  county  or  city  board  of  education  in  the 
public  schools  of  the  State  shall  attend  the  institute  held  in  the 
county  in  which  such  person  is  employed,  provided  the  institute 
is  held  during  term  time,  or  during  the  week  immediately  preced- 
ing or  succeeding  the  period  of  opening  and  closing  the  schools 
in  the  county.  All  persons  so  attending  shall  be  paid  as  for  time 
taught,  provided  that  any  teacher  or  supervisory  officer  who  fails 
to  attend  an  institute  called  in  accordance  with  section  one  (1) 
of  this  article  shall  forfeit  his  or  her  contract  with  the  respective 
€Ounty  or  city  board  of  education,  as  the  case  may  be,  and  shall 
be  ineligible  to  teach  in  the  public  schools  of  the  State  for  a  pe- 
riod of  six  (6)  months  from  the  date  of  such  delinquency,  unless 
excused  as  provided  in  section  three  (3)  of  this  article. 

Section  3.  The  State  superintendent  of  education,  with  the 
advice  of  the  county  superintendent  of  education  shall  have  the 
power  to  excuse  teachers  and  supervisory  officers  from  institute 
attendance  for  extraordinary  reasons,  and  persons  so  excused 
shall  be  deemed  to  have  met  all  requirements  of  attendance,  with- 
in the  meaning  of  section  two  (2)  of  this  Article,  but  shall  not  be 
entitled  to  pay  as  for  time  taught. 

Section  4.  At  the  beginning  of  each  institute  it  shall  be  the 
duty  of  the  county  superintendent  of  education  and  of  the  city 
superintendents  of  schools,  as  the  case  may  be,  to  furnish  the 
conductor  of  the  institute  on  forms  to  be  provided  by  the  State 
Department  of  Education,  a  list  in  duplicate  of  all  persons  em- 
ployed in  a  teaching  or  supervisory  capacity  in  the  schools  under 
their  respective  jurisdictions,  and  at  the  close  of  the  institute  the 
conductor  shall  file  with  the  county  superintendent  of  education, 
and  with  the  city  superintendent  of  schools  the  duplicate  list  of 
teachers  and  supervisory  officers,  numbered  serially,  employed 
in  the  schools  under  their  respective  jurisdictions  who  have  met 
the  legal  requirements  of  institute  attendance,  or  have  been  ex- 
cused in  accordance  with  section  three  (3)  of  this  article.  It 
shall  be  unlawful  for  any  county  superintendent  of  education  or 


62 

for  any  superintendent  of  city  schools  to  place  the  name  of  any 
teacher  on  the  pay  roll  for  a  term  of  six  (6)  months  after  the 
close  of  the  institute  so  held,  or  to  allow  any  teacher  or  super- 
visory officer  who  is  in  the  employ  of  the  county  or  city  board  of 
education  at  the  time  the  said  institute  was  held,  and  who  was 
delinquent  in  attendance  upon  said  institute  to  continue  teaching 
in  the  schools  of  the  city  or  county. 

Section  5.  As  a  further  means  of  improving  teachers  in  ser- 
vice, the  county  superintendent  of  education  shall  arrange  for 
and  conduct  group  conferences  in  convenient  centers  throughout 
the  county,  at  which  round  tables  shall  be  conducted,  on  the 
course  of  study,  the  work  of  the  State  teachers  reading  circle 
and  on  the  problems  of  supervision  and  administration  peculiar 
to  the  schools  represented. 

Section  6.  The  State  Department  of  Education  shall  give 
appropriate  recognition  toward  the  renewal  and  extension  of 
teachers'  certificates  to  any  person  who  completes  in  a  satisfac- 
tory manner  the  work  assigned  for  such  group  conferences.  It 
is  made  the  duty  of  the  State  superintendent  of  education,  after 
advising  with  the  county  superintendent  of  education,  to  prepare 
outlines  for  use  in  teachers'  institutes,  and  in  the  group  meetings 
to  be  held  in  accordance  with  section  five  (5)  of  this  article. 
Certificates  entitling  the  holder  to  the  renewal  or  extension  privi- 
lege as  prescribed  in  this  section,  shall  be  issued  in  accordance 
with  the  rules  and  regulations  of  the  State  Department  of  Edu- 
cation. 

Section  7.  In  the  conduct  of  such  institutes  and  group  confer- 
ences as  may  be  held  under  the  provisions  of  this  article,  it  is 
made  the  duty  of  the  State  normal  schools  and  of  other  State  sup- 
ported institutions  of  higher  learning,  offering  teacher  training 
courses  to  co-operate  as  far  as  may  be  practicable.  The  State 
Department  of  Education  in  co-operation  with  the  State  normal 
schools  and  other  State  supported  institutions  of  higher  learning 
offering  teacher- training  courses,  and  with  county  superintend- 
ents of  education  and  city  superintendents  of  schools  shall  ar- 
range, in  so  far  as  may  be  practicable,  for  extension  courses  as  a 
part  of  or  in  lieu  of  the  group  conferences,  to  be  held  in  accord- 
ance with  section  (5)  of  this  article.  The  credit  to  be  allowed  by 
the  institution  engaging  in  extension  work  as  authorized  in  this 
article,  shall  be  determined  by  the  proper  authorities  of  the  said 
institution. 

Section  8.  The  annual  legislative  appropriation  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  act,  or  so  much  thereof 
as  may  be  necessary,  shall  be  used  for  the  training  of  teachers  in 
service  including  extension,  institute  and  reading  circle  work, 
the  necessary  salaries  of  professional  and  clerical  help  and  for 
such  other  related  purposes  as  may  be  necessary  to  make  this  act 


63 

of  the  greatest  benefit  to  the  schools  of  the  State,  and  the  State 
auditor  upon  requisition  of  the  State  superintendent  of  education 
shall  issue  his  warrant  on  the  State  treasurer  for  the  amount  for 
which  requisition  is  made. 

ARTICLE  18.    RURAL  SCHOOLHOUSES. 

Section  1.  The  fund  for  the  erection,  repair  and  equipment 
of  rural  schoolhouses  shall  consist  of  the  annual  legislative  appro- 
priations and  of  unexpended  balances  as  provided  by  law. 

Section  2.  The  unexpended  balances  on  Oct.  1,  1919,  as 
shown  by  the  books  kept  by  the  State  auditor  and  by  the  State 
superintendent  of  education  which  have  accrued  to  the  several 
counties  of  the  State  from  the  rural  schoolhouse  fund  provided 
in  sections  1975  and  1993  inclusive,  of  article  31  of  the  Code  of 
Alabama  of  1907  as  am.ended  by  section  8  of  an  Act  approved 
September  22,  1915,  and  also  by  section  8  of  an  Act  approved 
February  17,  1919,  are  hereby  declared  to  revert  to  the  State 
treasury  and  the  special  legislative  appropriation  of  eighty-seven 
thousand  five  hundred  ($87,500)  dollars  annually  for  the  quad- 
rennium  beginning  October  1,  1919,  and  ending  September  30, 
1923,  is  made  a  part  of  the  fund  for  the  erection,  repair  and 
equipment  of  rural  schoolhouses.  Out  of  the  appropriation  of 
eighty-seven  thousand  five  hundred  ($87,500)  dollars,  the  State 
superintendent  of  education  may  ajmually  set  aside  such  an 
amount  as  may  be  deemed  necessary  to  procure  expert  assistants 
in  the  drawing  of  plans  and  specifications,  in  the  preparation  of 
estimates  of  bills  of  material,  in  the  inspection  of  buildings,  and 
for  such  other  expenses  incident  thereto  as  are  deemed  necessary 
and  he  shall  apportion  the  remainder  equally  among  the  several 
counties  of  the  State.  On  the  first  day  of  October,  1920,  and  an- 
nually thereafter  the  total  of  any  unexpended  balances  remaining 
to  the  credit  of  the  counties,  together  with  any  unexpended  bal- 
ance of  the  amount  set  aside  as  provided  above,  shall  be  appor- 
tioned equally  among  all  the  counties  of  the  State,  and  the  State 
superintendent  of  education  shall  certify  such  apportionment  to 
the  State  auditor. 

Section  3.  Three  or  more  citizens  of  any  rural  community  or 
of  any  incorporated  town  in  this  State  under  the  control  of  the 
county  board  of  education,  where  it  is  proposed  to  erect  a  school 
building  according  to  plans  furnished  by  the  State  Department 
of  Education  or  to  repair  or  to  equip  a  school  building  according 
to  plans  approved  by  the  State  Department  of  Education,  shall 
be  eligible  to  make  application  to  the  county  board  of  education 
for  aid  subject  to  the  following  conditions :  The  application  shall 
show  that  bona  fide  donations  of  at  least  twice  the  amount  for 
which  aid  is  asked  have  already  been  secured,  and  shall  also  con- 


64 

tain  a  description  of  the  plot  of  land  upon  which  the  public  school 
building  for  which  aid  is  sought  is  located  or  is  to  be  erected. 
The  maximum  amount  for  which  application  is  made  for  the 
erection  of  a  school  building  shall  not  exceed  four  hundred  dol- 
lars for  a  school  building  with  one  class  room,  six  hundred  fifty 
dollars  for  a  school  building  with  two  class  rooms,  nine  hundred 
dollars  for  a  school  building  with  three  class  rooms,  twelve  hun- 
dred dollars  for  a  school  building  with  four  class  rooms,  and 
fifteen  hundred  dollars  for  a  school  building  with  five  or  more 
class  rooms.  In  the  granting  of  aid  in  the  erection  of  buildings 
under  provisions  of  this  section,  the  class  room  shall  not  be  inter- 
preted to  include  auditorium  or  work  room  but  additional  aid  in 
the  sum  of  three  hundred  dollars  over  and  above  the  maximum 
amount  specified  for  each  type  of  building  enumerated  above, 
shall  be  available  under  the  same  conditions  for  the  erection  of  an 
auditorium,  and  a  further  like  amount  shall  be  available  for  the 
erection  of  one  work  room  of  standard  size.  The  maximum 
amount  for  which  application  is  made  for  the  repair  or  for  the 
equipment  of  a  school  building  shall  not  exceed  four  hundred  dol- 
lars, provided  that  no  application  for  repair  or  for  equipment 
for  less  than  fifty  dollars  shall  be  considered.  It  shall  be  stipu- 
lated in  each  application  for  State  aid  that  separate  toilets  for 
boys  and  girls,  to  conform  to  standards  set  up  by  the  State  board 
of  education  in  co-operation  with  the  State  Board  of  Health,  will 
be  erected.       (See  amendment  at  close  of  this  article.) 

Section  4.  The  county  board  of  education  shall  consider  all 
applications  filed,  shall  approve  such  as  seem  worthy  under  such 
regulations,  as  may  be  prescribed  by  the  State  superintendent  of 
education,  and  shall  keep  a  record  of  the  proceedings  showing  the 
applications  approved  by  the  board,  the  amount  of  the  bona  fide 
donations  and  the  amount  which  the  board  recommends  to  be 
given  to  any  school.  The  county  board  of  education  shall  certify 
to  the  State  superintendent  of  education  the  amount  of  dona- 
tions which  have  been  paid  over  to  the  county  treasurer  of  school 
funds ;  and  that  a  deed  in  fee  simple  to  not  less  than  two  acres  of 
land,  if  for  the  repair  or  for  the  equipment  of  any  school  building 
or  for  the  erection  of  a  school  building  with  not  more  than  two 
class  rooms,  and  of  not  less  than  five  acres  of  land  for  a  school 
building  containing  three  or  more  class  rooms  has  been  executed 
to  the  State  of  Alabama ;  provided  that  when  application  is  made 
for  the  repair  or  for  the  equipment  of  any  building  the  title  to 
the  property  may  be  vested  in  the  county  board  of  education. 
The  said  certificate  shall  show  the  amount  of  money  recommend- 
ed to  be  given  to  the  school ;  provided,  that  the  deed  or  deeds  con- 
veying the  title  to  the  property  shall  accompany  the  certification 
made  to  the  State  superintendent  of  education  and  shall  remain 
on  file  in  his  office. 


65 

Section  5.  Before  approving  any  application  for  aid  which 
has  been  properly  certified  to  him,  the  State  superintendent  of 
education  shall  satisfy  himself  that  the  conditions  of  this  article 
have  been  fully  complied  with.  If  he  approves  the  application  as 
certified  to  him  by  the  county  board  of  education  he  shall  request 
the  State  auditor  to  draw  his  warrant  on  the  State  treasurer  for 
the  amount  for  which  the  application  is  approved.  The  State 
auditor  shall  draw  his  warrant  on  the  State  treasurer  for  the 
amount  of  money  to  be  given  to  the  school  as  shown  by  the  requi- 
sition of  the  State  superintendent  of  education,  making  the  war- 
rant payable  to  the  county  treasurer  of  school  funds  of  the  coun- 
ty wherein  the  school  is  located  and  shall  indicate  therein  for  the 
benefit  of  what  public  school  the  same  is  issued.  The  warrant 
shall  be  delivered  to  the  State  superintendent  of  education  who 
shall  forward  the  same  to  the  county  treasurer  of  school  funds 
of  the  county  wherein  the  school  receiving  the  aid  is  located  and 
shall  also  notify  the  county  board  of  education  of  that  fact ;  pro- 
vided, that  all  persons  receiving  any  warrant  or  the  proceeds 
thereof  issued  under  this  act  shall  issue  a  receipt  to  the  person 
from  whom  he  receives  the  same. 

Section  6.  The  erection,  repair  and  equipment  of  any  school 
building  under  the  provisions  of  this  article  shall  be  under  the 
direction  and  control  of  the  county  board  of  education  which 
board  shall  authorize  all  contracts  and  shall  order  the  county 
treasurer  of  school  funds  to  make  payment  of  the  amount  due 
under  any  contract;  provided,  that  the  State  warrant,  issued 
under  the  provisions  of  this  article,  shall  be  held  in  trust  and 
shall  not  be  cashed  until  inspection  has  been  made  and  approval 
certified  by  the  State  superintendent  of  education  to  the  county 
treasurer  of  school  funds  and  the  county  board  of  education. 

Section  7.  Whenever  the  county  board  of  education  shall 
certify  to  the  State  superintendent  of  education  that  the  school 
building  for  which  State  aid  is  appropriated  is  completed  and  all 
equipment  is  in  place  or  repairs  made  and  that  all  indebtedness 
on  the  school  building,  equipment  or  repairs  has  been  paid  except 
such  an  amount  as  will  be  satisfied  by  the  funds  remaining  in  the 
hands  of  the  county  treasurer  of  school  funds,  the  State  superin- 
tendent of  education  shall  inspect  or  delegate  some  one  to  inspect 
the  work  done  and  equipment  installed,  and  if  such  meets  all  re- 
quirements of  the  provisions  under  which  State  aid  was  granted, 
he  shall  authorize  the  county  treasurer  of  school  funds  in  writing 
to  pay  out  the  remainder  of  the  funds  upon  the  order  of  the 
county  board  of  education. 

Section  8.  The  State  superintendent  of  education  shall  open 
an  account  with  each  county  in  the  State  in  a  book  kept  by  him 
for  that  purpose  and  shall  charge  against  the  county  the  amount 
of  each  warrant  issued  under  this  article  for  the  benefit  of  the 


66 

public  schools  of  such  county ;  provided,  that  any  warrant  not 
cashed  by  the  county  treasurer  of  school  funds  by  reason  of  fail- 
ure to  comply  with  the  requirements  of  this  article  shall,  after 
the  lapse  of  twelve  months  from  the  issuance  of  the  same,  be  by 
him  returned  to  the  State  superintendent  of  education,  who  shall 
mark  the  same  ^'cancelled"  and  shall  also  make  in  the  book  kept 
by  him  in  accordance  with  the  preceding  section  a  credit  entry  in 
favor  of  the  county  for  which  the  warrant  was  originally  drawn 
for  the  amount  of  any  warrant  so  cancelled,  provided  that  this 
section  shall  not  be  so  construed  as  to  prevent  the  return  of  any 
warrant  for  cancellation  before  the  expiration  of  the  twelve 
months'  period  when  the  county  board  of  education  shall  certify 
that  the  patrons  are  unable  to  comply  with  the  requirements  of 
the  law. 


No.  69.)  (S.  131— Carmichael. 

AN  ACT 

To  amend  Section  3  of  Article  18  of  the  School  Code,  act  approved  Septem- 
ber 26,  1919. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  Section  3  of  Article  18  of  the  School  Code 
Act  approved  September  26,  1919,  is  hereby  so  amended  as  to 
read  as  follows: 

''Section  3.  Three  or  more  citizens  of  any  rural  community 
or  of  any  incorporated  town  in  this  State  under  the  control  of 
the  county  board  of  education,  where  it  is  proposed  to  erect  a 
school  building  according  to  plans  furnished  by  the  State  Depart- 
ment of  Education  or  to  repair  or  to  equip  a  school  building  ac- 
cording to  plans  approved  by  the  State  Department  of  Education 
shall  be  eligible  to  make  application  to  the  county  board  of  edu- 
cation for  aid  subject  to  the  following  conditions :  The  applica- 
tion shall  show  that  bona  fide  donations  of  at  least  twice  the 
amount  for  which  aid  is  asked  have  already  been  secured,  and 
shall  also  contain  a  description  of  the  plot  of  land  upon  which  the 
public  school  building  for  which  aid  is  sought  is  located  or  is  to  be 
erected.  The  maximum  amount  for  which  application  is  made 
for  the  erection  of  a  school  building  shall  not  exceed  four  hun- 
dred fifty  dollars  for  a  school  building  with  one  class  room,  nine 
hundred  dollars  for  a  school  building  with  two  class  rooms,  thir- 
teen hundred  dollars  for  a  school  building  with  three  class  rooms, 
eighteen  hundred  dollars  for  a  school  building  with  four  class 
rooms  and  twenty-three  hundred  dollars  for  a  school  building 
with  five  or  more  class  rooms.  In  the  granting  of  aid  in  the  erec- 
tion of  buildings  under  provisions  of  this  section,  the  class  room 


67 

shall  not  be  interpreted  to  include  auditorium  or  work  room  but 
additional  aid  in  the  sum  of  five  hundred  dollars  over  and  above 
the  maximum  arnount  specified  for  each  type  of  building  enu- 
merated above,  shall  be  available  under  the  same  conditions  for 
the  erection  of  an  auditorium  and  four  hundred  dollars  under  like 
conditions  shall  be  available  for  the  erection  of  one  work  room  of 
standard  size.  The  maximum  amount  for  which  application  is 
made  for  the  repair  or  for  the  equipment  of  a  school  building 
shall  not  exceed  five  hundred  dollars,  provided  that  no  application 
for  repair  or  for  equipment  for  less  than  fifty  dollars  shall  be  con- 
sidered. It  shall  be  stipulated  in  each  application  for  State  aid 
that  separate  toilets  for  boys  and  girls,  to  conform  to  standards 
set  up  by  the  State  Board  of  Education  in  co-operation  with  the 
State  Board  of  Health,  will  be  erected." 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
this  section  are  hereby  repealed. 

Section  3.  That  this  act  shall  be  effective  on  the  approval  of 
the  Governor. 

Approved  October  6,  1920. 


ARTICLE  19.     SALE  AND  CONVEYANCE  OF  LAND 

DEEDED  TO  THE  STATE  FOR  SCHOOL 

PURPOSES. 

Section  1.  Whenever  the  county  board  of  education  of  any 
county  shall  certify  to  the  State  superintendent  of  education  that 
it  is  to  the  benefit  of  the  public  school  interests  of  such  county 
or  a  public  school  district  thereof  for  any  lands  situated  in  such 
county  or  district  which  have  been  conveyed  to  the  State  of  Ala- 
bama for  school  purposes  under  the  provisions  of  article  20  or 
31  of  Chapter  41  of  the  Code  of  Alabama  to  be  sold,  particularly 
describing  the  same,  the  superintendent  of  education,  upon  the 
receipt  of  such  certificate,  shall  be  and  he  is  hereby  authorized 
and  empowered,  with  the  approval  of  the  governor,  to  sell  and 
convey  such  land,  either  at  public  or  private  sale,  and  upon  such 
consideration  as  may  to  him  appear  just  and  proper  in  the  prem- 
ises, and  to  execute  a  deed  to  the  purchaser  of  the  same  in  the 
name  of  the  State  of  Alabama,  and  upon  the  delivery  of  such 
deed,  the  same  shall  divest  all  the  right,  title  and  interest  of 
the  State  of  Alabama  in  said  land  and  invest  it  in  such  purchaser. 

Section  2.  That  the  proceeds  of  any  sale  of  lands  made  under 
this  article  shall  be  by  the  State  superintendent  of  education  paid 
to  the  county  board  of  education  of  the  county  where  such  land 
is  situated,  or  to  the  chief  executive  off:'icer  of  said  board.  That 
said  proceeds  shall  constitute  a  part  of  the  public  school  fund  of 
such  county ;  provided,  however,  if  said  land  was  conveyed  to  the 


68 

State  under  Article  31  of  Chapter  41  of  the  Code  of  Alabama, 
then  such  proceeds  shall  be  used  by  said  county  board  of  educa- 
tion for  the  exclusive  use  of  the  public  school  building  fund  of 
the  county. 

ARTICLE  20.    RURAL  LIBRARIES. 

Section  1.  The  rural  library  fund  shall  consist  of  the  annual 
sum  of  one  hundred  ($100)  dollars  for  each  county,  in  all  sixty- 
seven  hundred  ($6,700)  dollars,  as  appropriated  by  law,  which 
fund  shall  be  used  for  the  purpose  of  establishing  and  maintain- 
ing libraries  in  the  rural  schools  of  the  State  as  provided  by  this 
article. 

Section  2.  The  commissioners'  court,  board  of  revenue  or 
board  of  education  in  any  county  is  hereby  authorized  to  appro- 
priate not  less  than  ten  ($10)  dollars  to  any  public  school  under 
the  control  of  the  county  board  of  education  and  to  any  county 
high  school  for  the  purpose  of  establishing,  maintaining,  enlarg- 
ing or  improving  public  libraries  in  such  schools. 

Section  3.  In  order  to  obtain  the  benefits  of  the  provisions  of 
this  article  the  patrons  or  friends  of  the  school  shall  first  raise 
the  sum  of  not  less  than  ten  ($10)  dollars  and  deposit  the  said 
amount  with  the  county  superintendent  of  education.  The  coun- 
ty superintendent  shall  within  ten  days  certify  to  the  commis- 
sioners' court,  board  of  revenue  or  board  of  education  the  fact  of 
the  said  deposit,  requesting  action  therein.  Thereupon  the  said 
court  or  board  shall  at  once,  or  at  the  first  term  of  meeting  fol- 
lowing the  receipt  of  the  notice,  consider  making  an  appropria- 
tion of  not  less  than  ten  ($10)  dollars.  If  the  appropriation  shall 
be  made,  the  probate  judge  or  other  presiding  officer  of  the  court 
or  board  shall  on  the  same  date  certify  the  fact  to  the  county 
superintendent  of  education,  who  shall  immediately  thereafter, 
transmit  notice  of  the  same  to  the  State  superintendent  of  educa- 
tion. On  receipt  of  notice  that  an  amount  of  not  less  than  twenty 
($20)  dollars  has  been  made  available  as  provided  in  this  section, 
the  State  superintendent  of  education  shall  make  requisition 
upon  the  State  auditor  for  the  sum  of  ten  ($10)  dollars  in  order 
to  meet  such  donation  and  appropriation.  The  said  warrant  shall 
be  drawn  in  favor  of  the  county  treasurer  of  school  funds,  to 
whom  shall  also  be  at  once  paid  over  by  the  county  superinten- 
dent of  education  the  amount  first  collected  by  voluntary  sub- 
scription, and  the  sum  appropriated  by  the  commissioners'  court, 
board  of  revenue  or  board  of  education.  The  county  treasurer  of 
school  funds  shall  keep  a  separate  account  of  said  sums  so  re- 
ceived ;  and  they  shall  be  paid  out  by  him  as  hereinafter  directed. 

Section  4.  The  State  superintendent  of  education,  with  the 
assistance  of  the  Director  of  the  Department  of  Archives  and 


69 

History,  shall  compile  and  publish  a  carefully  selected  and  anno- 
tated list  of  books  from  which  the  libraries  herein  provided  shall 
be  chosen,  and  they  shall  also  adopt  and  publish  rules  and  regu- 
lations for  the  choice  of  books,  their  use,  preservation  and  circu- 
lation, the  erection  of  book  shelves  or  book  cases,  and  the  equip- 
ment of  library  rooms  or  buildings,  and  the  training  of  libraries 
or  custodians  for  the  libraries.  The  selection  shall  be  as  nearly 
as  possible  representative  of  the  whole  field  of  literature,  and 
maximum  prices  for  purchase  shall  be  indicated. 

Section  5.  The  county  superintendent  of  education  and  the 
trustees  of  the  school  to  which  a  library  has  been  granted  shall 
constitute  a  library  board  charged  with  the  administration  of  the 
library  as  other  school  property,  and  they  are  hereby  charged 
with  the  same  care  and  attention  in  connection  therewith  as  of 
the  school  grounds,  the  school  building  or  buildings,  and  the 
school  equipment.  They  shall  select  the  librarian  or  custodian, 
who  shall  be  the  teacher,  if  he  or  she  will  consent  to  act,  and  they 
shall  see  that  the  rules  prescribed  herein  are  carried  out,  but  if 
the  librarian  is  other  than  the  teacher,  such  person  shall  be  under 
the  direction  of  the  teacher  as  the  representative  of  the  library 
board.  They  shall  provide  a  suitable  book-case,  or  book-cases, 
with  lock  and  key,  for  the  preservation  of  the  library.  They 
shall  furnish  to  each  teacher  at  the  beginning  of  school  an  inven- 
tory of  all  the  books  in  the  library  and  shall  require  from  each 
teacher  at  the  close  of  school  an  inventory  of  all  books  in  the 
library,  provided  that  arrangements  for  keeping  the  library  open 
during  vacation  may  be  made  by  the  county  board  of  education ; 
provided  further,  that  in  the  event  the  full  number  of  libraries 
available  for  any  county  are  not  taken  on  or  before  the  first  day 
of  July  of  that  year,  the  county  board  of  education  may  in  its 
discretion  allow  any  individual  school  to  apply  for  one  or  more 
labraries  under  the  same  general  conditions  prescribed  in  this 
article;  provided  further,  that  any  county  board  of  education 
may  in  lieu  of  granting  libraries  to  schools  establish  a  system  of 
circulating  libraries,  said  libraries  to  be  purchased  under  the 
same  conditions  and  in  keeping  with  the  plan  set  out  in  section  3 
of  this  article  by  the  county  superintendent  of  education;  pro- 
vided further,  that  such  circulating  libraries  shall  be  available 
for  use  in  the  public  schools  of  the  county  under  rules  and  regula- 
tions prescribed  by  the  county  board  of  education  with  the  ap- 
proval of  the  State  Board  of  Education. 

Section  6.  The  selection  and  purchase  of  books  from  the  au- 
thorized list  shall  be  made  by  the  county  superintendent  of  edu- 
cation with  the  assistance  of  the  principal  teacher  of  the  school. 
After  the  order  has  been  placed  by  the  county  superintendent  of 
education  and  a  notice  of  the  delivery  of  the  books  received,  the 
county  treasurer  of  school  funds  shall  draw  a  warrant  or  check 


70 

to  cover  the  charges  including  the  freight.  Vouchers  or  bills  in 
duplicate  shall  be  made  out,  the  original  to  be  sent  by  the  book- 
seller or  dealer  to  the  county  treasurer  of  school  funds,  and  a 
copy  to  the  State  superintendent  of  education. 

ARTICLE  21.     VOCATIONAL  EDUCATION. 

Section  1.  The  State  of  Alabama  hereby  accepts  all  of  the 
provisions  and  benefits  of  an  act  passed  by  the  Senate  and  House 
of  Representatives  of  the  United  States  of  America,  in  Congress 
assembled,  entitled  "An  Act  to  provide  for  the  promotion  of  voca- 
tional education;  to  provide  for  co-operation  with  the  States  in 
the  promotion  of  vocational  education;  to  provide  for  co-opera- 
tion with  the  States  in  the  promotion  of  such  education  in  agri- 
culture and  the  trades  and  industries ;  to  provide  for  co-operation 
with  the  States  in  the  preparation  of  teachers  of  vocational  sub- 
jects; and  to  appropriate  money  and  regulate  its  expenditure," 
approved  February  twenty-third  nineteen  hundred  seventeen. 

Section  2.  The  State  treasurer  is  hereby  designated  and 
appointed  custodian  of  all  monies  received  by  the  State  from  the 
appropriations  made  by  said  act  of  Congress,  and  he  is  author- 
ized to  receive,  and  to  provide  for  the  proper  custody  of  the 
same  and  to  make  disbursements  thereof  in  the  manner  provided 
in  the  act  and  for  the  purpose  therein  specified.  He  shall  also 
pay  out  any  monies  appropriated  by  the  State  of  Alabama  for  the 
purpose  of  carrying  out  the  provisions  of  this  article  upon  the 
order  of  the  State  Board  of  Education. 

Section  3.  The  State  superintendent  of  education  shall  desig- 
nate by  and  with  the  advice  and  consent  of  the  State  board  of 
education,  such  assistants  as  may  be  necessary  to  properly  carry 
out  the  provisions  of  this  article.  The  State  superintendent  of 
education  shall  also  carry  into  effect  such  rules  and  regulations 
as  the  State  board  of  education  may  adopt  and  shall  prepare  such 
reports  concerning  the  condition  of  vocational  education  in  the 
State  as  the  State  board  of  education  may  require. 

Section  4.  The  State  board  of  education  shall  have  all  neces- 
sary authority  to  co-operate  with  the  Federal  board  for  vocation- 
al education  in  the  administration  of  said  Act  of  Congress;  to 
administer  any  legislation  pursuant  thereto  enacted  by  the  State 
of  Alabama,  and  to  administer  the  funds  provided  by  the  Fed- 
eral government  and  the  State  of  Alabama  under  the  provisions 
of  this  article,  for  the  promotion  of  vocational  education  in  agri- 
cultural subjects,  trade  and  industrial  subjects,  and  home  eco- 
nomics subjects.  It  shall  have  full  authority  to  formulate  plans 
for  the  promotion  of  vocational  education  in  such  subjects  as  an 
essential  and  integral  part  of  the  public  school  system  of  educa- 
tion in  the  State  of  Alabama,  and  to  provide  for  the  preparation 


71 

of  teachers  of  such  subjects.  It  shall  have  authority  to  fix  the 
compensation  of  such  officials  and  assistants  as  may  be  neces- 
sary to  administer  the  Federal  act  and  this  article  for  the  State 
of  Alabama  and  to  pay  such  compensation  and  other  necessary 
expenses  of  administration  from  funds  appropriated  in  this  arti- 
cle. It  shall  have  authority  to  make  studies  and  investigations 
relating  to  vocational  education  in  such  subjects;  to  promote  and 
aid  in  the  establishment  by  local  communities  of  schools,  depart- 
ments, or  classes  giving  training  in  such  subjects;  to  co-operate 
with  local  communities  in  the  maintenance  of  such  schools,  de- 
partments, or  classes ;  to  prescribe  qualifications  for  the  teachers, 
directors  and  supervisors  of  such  subjects,  and  to  have  full  au- 
thority to  provide  for  the  certification  of  such  teachers,  directors 
and  supervisors ;  to  co-operate  in  the  maintenance  of  classes  sup- 
ported and  controlled  by  the  public  for  the  preparation  of  teach- 
ers, directors  and  supervisors  of  such  subjects  or  to  maintain 
such  classes  under  its  own  direction  and  control ;  to  establish  and 
determine  by  general  regulations  the  qualifications  to  be  pos- 
sessed by  persons  engaged  in  the  training  of  vocational  teachers. 
Section  5.  The  board  of  education  of  any  county  or  of  any 
city  of  2,000  or  more  inhabitants  according  to  the  last  or  any  suc- 
ceeding Federal  census,  may  co-operate  with  the  State  board  of 
education  in  the  establishment  of  vocational  schools  or  classes 
giving  instructions  in  agricultural  subjects,  in  trade  or  industrial 
subjects  or  in  home  economics  subjects  and  may  use  any  monies 
raised  by  public  taxation  in  the  same  manner  as  monies  for  other 
school  purposes  are  used  for  the  maintenance  and  support  of 
public  schools. 

Section  6.  The  State  of  Alabama  shall  appropriate  a  sum  of 
money  available  for  each  fiscal  year  not  less  than  the  maximum 
sum  which  may  be  allotted  to  the  State  of  Alabama  for  the 
purpose  set  forth  in  the  said  Federal  Act. 

Section  7.  The  monies  appropriated  by  the  State  of  Ala- 
bama, the  funds  deposited  with  the  State  treasurer  under  the 
provisions  of  the  Smith-Hughes  Act,  and  any  other  funds  accru- 
ing to  the  State  for  vocational  education,  shall  be  used  by  the 
State  board  of  education  for  the  purposes  set  forth  in  this  article, 
and  the  monies  so  appropriated  and  accruing  shall  be  paid  out 
upon  requisition  of  the  State  superintendent  of  education  upon 
the  State  auditor  who  shall  draw  his  warrant  upon  the  State 
treasurer  for  the  amount  for  which  requisition  is  made. 

Section  8.  The  State  board  of  education  in  its  annual  report 
to  the  governor  shall  set  forth  the  condition  of  vocational  educa- 
tion in  the  State  of  Alabama,  a  list  of  the  schools  to  which  Fed- 
eral and  State  aid  has  been  given,  and  a  detailed  statement  of  the 
expenditures  of  Federal  funds  and  the  State  funds  provided  in 


72 

section  six  of  this  article.     (Note  acceptance  of  Federal  rehabili- 
tation appropriation.) 


No.  86.)  (S.  44— Carmichael. 

AN  ACT 

To  provide  for  the  acceptance  of  the  benefits  of  an  Act  by  the  Senate  and 
House  of  Representatives  of  the  United  States  of  America  in  Congress 
assembled,  (H.  R.  4438,  approved  June  2,  1920)  entitled  "An  Act  to 
Provide  for  the  Promotion  of  Vocational  Rehabilitation  of  Persons  Dis- 
abled in  Industry  or  Otherwise  and  Their  Return  to  Civil  Employment,'^ 
to  provide  for  the  administration  of  same,  and  to  make  appropriations 
for  these  purposes: 

Be  it  enacted  hy  the  Legislature  of  Alabama : 

Section  1.  That  the  State  of  Alabama  hereby  accepts  all  of 
the  provisions  and  benefits  of  an  Act  passed  by  the  Senate  and 
House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  entitled  "An  Act  to  Provide  for  the  Promo- 
tion of  Vocational  Rehabilitation  of  Persons  Disabled  in  Industry 
or  Otherwise  and  Their  Return  to  Civil  Employment,"  (H.  R. 
4438,  Approved  June  2,  1920). 

Section  2.  That  the  State  treasurer  is  hereby  designated  and 
appointed  custodian  of  all  monies  received  by  the  State  from  the 
appropriations  made  by  said  Act  of  Congress,  and  he  is  author- 
ized to  receive,  and  to  provide  for  the  proper  custody  of  the  same 
and  to  make  disbursements  thereof  in  the  manner  provided  in 
the  Act  and  for  the  purposes  therein  specified.  He  shall  pay  out 
any  monies  appropriated  by  the  State  of  Alabama  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  Act  upon  the  order  of 
the  State  Board  of  Education. 

Section  3.  The  State  Superintendent  of  Education  shall  des- 
ignate by  and  with  the  advice  and  consent  of  the  State  Board  of 
Education  such  assistants  as  may  be  necessary  to  properly  carry 
out  the  provisions  of  this  Act.  The  State  Superintendent  of 
Education  shall  also  carry  into  effect  such  rules  and  regulations 
as  the  State  Board  of  Education  may  adopt  and  shall  prepare 
such  reports  concerning  the  conditions  of  vocational  rehabilita- 
tion of  persons  disabled  in  industry  or  otherwise  as  the  State 
Board  of  Education  may  require. 

Section  4.  The  State  Board  of  education  shall  have  all  neces- 
sary authority  to  co-operate  with  the  Federal  Board  for  Voca- 
tional Education  in  the  administration  of  said  Act  of  Congress. 
It  shall  co-operate  with  the  State  agency  in  charge  of  the  Work- 
men's Compensation  Act.  The  State  Board  shall  administer  any 
legislation  which  may  hereafter  be  enacted  by  the  Legislature  of 


73 

the  State  of  Alabama,  and  shall  administer  the  funds  provided 
by  the  Federal  government  and  the  State  of  Alabama  under  the 
provisions  of  this  Act,  for  the  promotion  of  vocational  rehabili- 
tation of  persons  disabled  in  industry  or  otherwise  and  their 
return  to  civil  employment.  It  shall  have  full  authority  to  for- 
mulate plans  for  the  promotion  of  the  training  of  such  persons 
in  such  subjects  essential  to  their  rehabilitation.  It  shall  have 
authority  to  fix  the  compensation  of  officials  and  assistants  as 
may  be  necessary  to  administer  the  Federal  Act  and  this  Act  of 
the  State  of  Alabama,  and  to  pay  such  compensation  and  other 
necessary  expenses  of  administration  from  funds  appropriated 
by  this  Act.  It  shall  have  authority  to  make  studies  and  investi- 
gations relating  to  the  rehabilitation  of  disabled  persons ;  to  pro- 
mote and  aid  in  the  establishment  of  schools,  departments  or 
classes  giving  such  necessary  training;  to  co-operate  with  local 
boards  of  education,  organizations  and  communities  in  the  main- 
tenance of  such  schools,  departments  or  classes ;  to  prescribe 
qualifications  for  the  teachers,  directors  and  supervisors  of  such 
subjects,  and  to  have  full  authority  to  provide  for  the  certifica- 
tion of  teachers,  directors  and  supervisors. 

Section  5.  The  board  of  education  of  any  county,  or  city  or 
incorporated  town  having  control  of  its  own  public  school  sys- 
tem, or  any  State  institution  of  higher  learning  having  its  ow^n 
board  of  control  may  co-operate  with  the  State  Board  of  Educa- 
tion in  the  establishment  of  schools  or  classes  giving  instruction 
in  the  training  of  disabled  persons  and  may  use  any  money  raised 
by  public  taxation  in  the  same  manner  as  monies  for  other  school 
purposes  are  used  for  the  maintenance  and  support  of  public 
schools. 

Section  6.  The  Sate  of  Alabama  shall,  for  the  purpose  of 
this  Act,  appropriate  for  the  fiscal  year  1920-1921  the  sum  of 
seventeen  thousand  four  hundred  ninety-eight  dollars  and  thirty- 
five  cents,  ($17,498.35) ;  for  the  fiscal  year  1921-1922  the  sum  of 
twenty-one  thousand  eight  hundred  seventy-two  dollars  and 
ninety-three  cents  ($21,872.93) ;  and  for  each  of  the  two  suc- 
ceeding years  the  sum  of  twenty-one  thousand,  eight  hundred 
and  seventy-two  dollars  and  ninety-three  cents  ($21,872.93). 

Section  7.  The  monies  appropriated  by  the  State  of  Ala- 
bama, the  funds  deposited  with  the  State  treasurer  under  the 
provisions  of  the  Federal  Act  and  any  other  funds  accruing  to 
the  State  for  vocational  rehabilitation  training  of  disabled  per- 
sons shall  be  used  by  the  State  Board  of  Education  for  the  pur- 
poses set  forth  in  this  Act,  and  the  monies  appropriated  and  ac- 
cruing shall  be  paid  out  upon  requisition  of  the  State  Superin- 
tendent of  Education  upon  the  State  Auditor  who  shall  draw  his 
warrant  upon  the  State  Treasurer  for  the  amount  for  which 
requisition  was  made. 


74 

Section  8.  The  State  Board  of  Education  in  its  annual  report 
to  the  Governor  shall  set  forth  the  conditions  of  vocational  re- 
habilitation education  in  the  State  of  Alabama,  a  list  of  the 
schools  to  which  Federal  and  State  aid  has  been  given,  and  a 
detailed  statement  of  expenditures  of  Federal  fund  and  the  State 
fund  provided  in  section  6  of  this  Act. 

Approved  October  6,  1920. 


ARTICLE  22.    ILLITERACY. 

Section  1.  The  State  board  of  education  shall  be  charged 
with  the  responsibility  for  the  removal  of  illiteracy  in  Alabama. 
It  shall  have  the  power  to  make  research  and  to  collect  data,  and 
shall  endeavor  to  enlist  the  services  of  any  and  all  community 
agencies  of  the  State  for  the  removal  of  illiteracy.  The  State 
board  of  education  is  authorized  to  receive  and  expend  anj^  funds 
which  may  be  given  to  it  from  time  to  time  from  public,  private 
or  other  sources,  and  shall  adopt  such  rules  and  regulations  as 
may  seem  to  it  most  satisfactory  for  carrying  on  the  work  out- 
lined in  this  section. 

Section  2.  It  shall  be  the  duty  of  county  and  city  boards  of 
education  to  co-operate  with  the  State  board  of  education  in  the 
removal  of  illiteracy  in  the  territory  under  their  respective  juris- 
dictions and  to  this  end  the  said  boards  may  appropriate  from 
public  school  funds  such  amounts  as  may  be  necessary  to  carry 
out  the  provisions  of  this  article. 

Section  3.  The  State  board  of  education  and  county  and  city 
boards  of  education  are  hereby  authorized  to  co-operate  with  the 
Federal  government  in  making  effective  any  law  that  may  be 
enacted  by  Congress  for  the  removal  of  illiteracy  in  Alabama  and 
in  the  counties  and  cities  thereof. 

Section  4.  For  the  employment  of  such  professional  and 
clerical  assistants  as  may  be  necessary  and  for  other  necessary 
expenses,  the  State  board  of  education  is  authorized  to  expend 
the  annual  legislative  appropriation  and  such  other  funds  as  may 
be  available  for  the  purpose  set  out  in  this  article.  The  legisla- 
tive appropriation  shall  be  paid  out  upon  the  requisition  of  the 
State  superintendent  of  education  on  the  State  auditor  who 
shall  issue  his  warrant  upon  the  State  treasurer  for  the  amount 
for  which  requisition  is  made. 

ARTICLE  23.    TEXTBOOKS. 

Section  1.  The  State  board  of  education  shall  have  the  direc- 
tion and  oversight  of  the  selection  of  text  books  for  the  elemen- 
tary public  schools  of  the  State;   for  the  selection  of  said  text 


75 

books  the  State  board  of  education  shall,  upon  the  recommenda- 
tion of  the  State  superintendent  of  education,  appoint  a  text 
book  committee  not  to  exceed  seven  (7)  members,  composed  of 
well  known  educators  engaged  in  public  school  work. 

Section  2.  Before  transacting  any  business  pertaining  to  the 
duties  of  selecting  text  books  each  member  of  the  committee 
shall  take  an  oath  before  some  person  authorized  to  administer 
oaths  to  faithfully  discharge  all  the  duties  imposed  upon  him  as 
a  member  of  said  text  book  committee,  and  that  he  has  no  inter- 
est, directly  or  indirectly  in  any  contract  that  may  be  made  un- 
der this  article. 

Section  3.  The  text  book  committee  shall  immediately  after 
appointment  meet  and  organize  by  electing  a  president.  The 
State  superintendent  of  education  shall  be  the  secretary  of  the 
committee. 

Section  4.  It  shall  be  the  duty  of  the  said  text  book  commit- 
tee to  select  and  adopt  a  uniform  series  of  text  books  for  use  in 
the  public  schools  of  the  State  for  a  period  of  five  (5)  years,  un- 
less otherwise  directed  by  the  State  board  of  education. 

Section  5.  It  shall  be  unlawful  for  any  school  official,  direc- 
tor, or  teacher  to  use  any  books  upon  the  same  branches  other 
than  those  adopted  by  said  text  book  committee,  to  the  exclusion 
of  the  regularly  adopted  texts. 

Section  6.  Said  uniform  series  shall  include  the  following 
branches  of  study,  to- wit:  spelling,  reading,  writing,  arithmetic, 
geography,  oral  and  written  language,  history  of  Alabama,  in- 
cluding the  Constitution  of  the  State,  history  of  the  United 
States  including  the  Constitution  of  the  United  States,  elemen- 
tary physiology  and  hygiene,  agriculture,  and  such  other 
branches  of  study  as  may  be  prescribed  by  the  State  board  of  ed- 
ucation for  the  elementary  schools  of  the  State.  No  text  books 
adopted  for  use  in  the  public  schools  in  accordance  with  this 
article  shall  contain  anything  of  a  partisan  or  sectarian  char- 
acter. 

Section  7.  The  State  board  of  education  shall  have  the  power 
by  three-fourths  vote,  to  drop  an  unsatisfactory  book  at  the  end 
of  any  school  year  while  the  contract  is  in  force,  and  upon  the 
recommendation  of  the  State  text  book  committee  to  make  an- 
other adoption  in  lieu  thereof. 

Section  8.  The  text  book  committee  shall  consider  the  merits 
of  each  book,  taking  into  consideration  subject  matter,  printing, 
binding,  material  and  mechanical  make-up,  and  contents  and 
general  suitability  and  desirability  for  the  purpose  intended.  No 
text  book,  the  subject  matter  of  which  is  of  inferior  quality,  shall 
be  adopted  by  the  State  text  book  committee,  and  said  committee 
shall  select  and  adopt  such  books  as  will  in  their  judgment  accom- 


76 

plish  the  ends  desired,  taking  into  account  the  price  of  said 
books. 

Section  9.  In  the  event  any  book  or  books  are  deemed  suit- 
able for  adoption,  and  are  more  desirable  than  other  books  of  the 
class  submitted,  but  the  price  at  which  the  books  are  offered 
appears  to  be  unreasonably  high,  the  committee  shall  immedi- 
ately notify  the  publishers  or  author  of  such  book  or  books,  and 
request  such  reduction  in  price  as  may  seem  reasonable  and  just, 
and  if  a  satisfactory  price  can  be  agreed  upon  the  committee 
may  adopt  such  book  or  books. 

Section  10.  As  soon  as  practicable,  and  not  later  than  three 
(3)  days  after  organization,  the  committee  shall  advertise  in 
such  manner  and  for  such  length  of  time  and  at  such  places  as 
may  be  deemed  advisable,  that  at  a  time  and  place  fixed  definitely 
in  such  advertisement,  sealed  bids  or  proposals  will  be  received 
from  the  publishers  of  school  text  books  for  furnishing  books  to 
the  public  schools  in  the  State  of  Alabariia  through  such  agencies 
in  the  several  counties  in  the  State  as  may  be  provided  for  in 
such  regulations  as  the  said  board  of  education  may  adopt  and 
prescribe. 

Section  11.  The  bids  or  proposals  shall  be  for  furnishing  the 
books  for  a  period  of  five  (5)  years,  unless  otherwise  ordered  by 
the  State  board  of  education.  Said  bids  shall  state  specifically 
and  definitely  the  price  at  which  the  books  shall  be  furnished  and 
shall  be  accompanied  by  specimen  copies  of  each  and  every  book 
proposed  to  be  furnished. 

Section  12.  It  shall  be  required  of  each  bidder  to  deposit  with 
the  treasurer  of  the  State  a  sum  of  money,  such  as  the  State 
board  of  education  may  require,  not  less  than  five  hundred 
($500)  dollars  or  more  than  twenty-five  hundred  ($2,500)  dol- 
lars, according  to  the  number  of  books  each  bidder  may  propose 
to  supply,  and  notice  shall  further  be  given  in  such  advertisement 
that  such  deposits  shall  be  forfeited  absolutely  to  the  State  board 
of  education,  if  the  bidder  making  the  deposit  shall  fail  or  refuse 
to  make  and  execute  such  contract  and  bond  as  hereinafter  re- 
quired within  such  time  as  the  State  board  of  education  may  re- 
quire, which  time  shall  be  stated  in  the  advertisement. 

Section  13.  All  bids  shall  be  sealed  and  deposited  with  the 
Secretary  of  State  to  be  by  him  delivered  to  the  committee  when 
in  executive  session  for  the  purpose  of  considering  the  same.  All 
such  bids  shall  be  opened  in  the  presence  of  the  committee.  The 
text  book  committee  shall  meet  at  the  time  and  place  designated 
in  such  notice  or  advertisement,  and  carefully  examine  the  sam- 
ple or  specimen  copies  submitted  upon  which  the  bids  are  based. 
After  the  examination  of  the  books  submitted  has  been  concluded 
the  committee  shall  meet  in  executive  session  to  open  and  exam- 
ine all  sealed  proposals  submitted  and  received  in  pursuance  of 


77- 

the  notice  or  advertisement,  provided  for  in  section  10  of  this 
article.  The  committee  shall  then  examine  carefully  such  bids  or 
proposals,  and  determine  in  the  manner  provided  in  the  preced- 
ing section  of  this  article  what  book  or  books  shall  be  selected 
for  adoption,  taking  into  consideration  the  size,  quality,  including 
subject  matter,  material,  printing,  binding  and  the  mechanical 
execution  and  price,  as  well  as  the  general  suitability  for  the  pur- 
pose desired  and  intended.  All  books  selected  and  adopted  shall 
be  written  and  printed  in  English. 

Section  14.  After  the  selections  for  adoption  have  been  made 
by  the  text  book  committee  the  said  committee  shall  make  known 
its  decision  to  the  State  board  of  education.  The  State  board  of 
education  shall  thereupon  notify  the  bidders  to  whom  contracts 
have  been  awarded. 

Section  IS.  The  attorney  general  of  the  State  shall  prepare 
the  said  contract  or  contracts  in  accordance  with  the  provisions 
of  this  article,  and  the  said  contracts  shall  be  executed  by  the 
president  of  the  State  board  of  education  and  the  secretary,  with 
the  seal  of  the  State  board  of  education  attached  upon  the  part 
of  the  State  of  Alabama,  and  the  said  contract  shall  be  executed 
in  triplicate,  one  copy  to  be  kept  by  the  contractor,  one  copy  by 
the  executive  secretary  of  the  State  board  of  education  and  cop- 
ied in  full  in  the  minutes  of  the  State  board  of  education,  one 
copy  to  be  filed  in  the  office  of  the  secretary  of  State. 

Section  16.  At  the  time  of  the  execution  of  the  contract  exe- 
cuted in  accordance  with  the  provisions  of  section  15  of  this  arti- 
cle, the  contractors  shall  enter  into  a  bond  in  the  sum  of  not  less 
than  ten  thousand  ($10,000)  dollars,  nor  more  than  thirty  thou- 
sand ($30,000)  dollars  each,  payable  to  the  State  of  Alabama,  the 
amount  of  said  bond  within  said  limits  to  be  fixed  by  the  State 
board  of  education,  conditioned  upon  the  faithful,  honest  and  ex- 
act performance  of  the  contract.  Said  bond  shall  also  further 
provide  for  the  payment  of  reasonable  attorney's  fees  in  case  of 
recovery  in  any  suit  upon  the  same,  and  any  guaranty  company 
authorized  to  do  business  in  the  State  of  Alabama  may  become 
surety  on  said  bond.  The  bond  shall  be  prepared  by  the  attor- 
ney general  and  shall  have  his  approval.  The  said  bond  shall  not 
be  exhausted  by  a  single  recovery  thereon,  but  may  be  sued  on 
from  time  to  time  until  the  full  amount  shall  have  been  recov- 
ered, and  the  State  board  of  education  may  at  any  time,  by  giving 
thirty  (30)  days  notice,  require  additional  security  or  additional 
bond  within  the  limits  prescribed. 

Section  17.  When  any  person,  firm  or  corporation  shall  have 
been  awarded  a  contract,  and  shall  have  submitted  therewith  a 
bond  as  required  in  this  article,  the  State  board  of  education, 
through  its  executive  secretary,  shall  inform  the  treasurer  of  the 
State,  and  the  treasurer  shall  return  such  contractor  the  cash 


78 

deposit  made  by  him,  and  the  State  board  of  education,  through 
its  executive  secretary  shall  inform  the  treasurer  of  the  names 
of  the  unsuccessful  bidders  or  proposers,  and  the  treasurer  shall, 
upon  receipt  of  this  notice,  return  to  them  the  amount  deposited 
in  cash  by  them  at  the  time  of  the  submission  of  their  bids. 

Section  18.  Should  any  person,  firm,  company,  or  corporation 
fail  or  refuse  to  execute  the  contract  and  submit  therewith  his 
bond  as  required  by  this  article  within  thirty  (30)  days  of  the 
time  of  the  awarding  of  the  contract  to  him,  the  cash  deposit  will 
be  deemed  forfeited  to  the  State  of  Alabama,  and  the  treasurer 
shall  place  such  cash  deposit  in  the  State  treasury  to  the  credit 
of  the  State  board  of  education.  The  mailing  of  the  registered 
letter  announcing  the  awarding  of  the  contract,  shall  be  sufficient 
evidence  that  the  notice  was  given  and  received. 

Section  19.  Any  recovery  had  on  any  bond  given  by  any  con- 
tractor shall  inure  to  the  benefit  of  the  State  board  of  education, 
and  when  collected  shall  be  placed  in  the  treasury  to  the  credit 
of  the  State  board  of  education,  for  the  use  of  said  board. 

Section  20.  The  executive  secretary  of  the  State  board  of 
education  shall  preserve  in  his  office,  as  the  standard  of  quality 
and  excellence  to  be  maintained  in  such  books,  during  the  con- 
tinuance of  such  contracts,  the  specimen  or  sample  copies  of  all 
books  which  have  been  made  the  basis  of  any  contract,  together 
with  the  original  bid  or  proposal,  and  the  contractor  shall  also 
furnish  each  county  superintendent  of  education  like  specimen 
or  sample  copies  which  shall  be  preserved  by  him  in  like  manner, 
and  the  same  shall  always  be  open  to  the  inspection  of  the  public, 
and  the  books  furnished  under  each  and  every  contract  shall  at 
all  times  during  the  existence  of  the  contract  be  equal  in  all  re- 
spects to  the  specimen  or  sample  copies  furnished  with  bids. 

Section  21.  All  contractors  shall  print  on  the  back  of  each 
book  the  contract  price,  as  well  as  the  exchange  price  at  which 
it  is  agreed  to  be  furnished,  but  the  books  submitted  as  specimen 
or  sample  copies  with  the  original  bids  shall  not  have  the  price 
printed  on  them  before  they  are  submitted  to  the  committee. 
The  State  board  of  education  shall  also  have  the  right  to  author- 
ize the  insertion  of  printed  slips  on  the  inside  of  the  back  cover 
of  any  book,  showing  the  contract  price  at  which  it  is  agreed  to 
be  furnished,  in  lieu  of  requiring  the  same  to  be  printed  on  the 
back  of  each  book,  this  provision  to  apply  only  for  the  last  year 
of  the  period  for  which  any  book  has  been  adopted. 

Section  22.  The  State  board  of  education  shall  not  in  any  case 
contract  with  any  person  or  publisher  for  the  use  of  any  books 
which  are  to  be  sold  to  patrons  or  used  in  any  public  school  in 
this  State  at  a  price  above  or  in  excess  of  the  price  at  which  such 
book  or  books  are  furnished  by  said  person  or  publisher  under 
contract  executed  within  twelve  (12)  months  next  preceding  to 


79 

any  state,  county  or  school  district  in  the  United  States  under 
like  conditions  prevailing  in  this  State  and  under  this  article.  It 
shall  be  specifically  stipulated  in  each  contract  that  the  contrac- 
tor is  not  furnishing  under  any  contract  executed  during  the 
twelve  months  preceding  any  state,  county  or  school  district  in 
the  United  States,  where  like  conditions  prevail  as  are  prevailing 
in  this  State  under  this  article,  the  same  book  or  books  as  are 
embraced  in  said  contract,  at  a  price  below  or  less  than  the  price 
stipulated  in  the  said  contract,  and  the  State  board  of  education 
may  at  any  time,  upon  finding  that  any  book  has  been  furnished 
at  a  lower  price  under  contract  to  any  state,  county,  or  school 
district  aforesaid,  sue  upon  the  bond  of  said  contractor  and  re- 
cover the  difference  between  the  contract  price  and  the  lower 
price  at  which  the  book  or  books  have  been  sold,  and  in  case  a 
contractor  shall  fail  to  execute  specifically  the  terms  and  provi- 
sions of  his  contract,  the  State  board  of  education  shall  bring 
suit  upon  the  contract  of  such  contractor  for  the  recovery  of 
damages,  the  suit  to  be  in  the  name  of  the  State  of  Alabama  and 
the  recovery  for  the  benefit  of  the  State  board  of  education. 

Section  23.  The  State  board  of  education  and  any  contractor 
agreeing  thereto,  may  in  any  manner  change  or  alter  any  con- 
tract provided  a  majority  of  the  State  board  of  education  shall 
agree  to  the  change. 

Section  24.  It  shall  always  be  a  part  of  the  terms  and  condi- 
tions of  every  contract  made  in  pursuance  of  to  this  article,  that 
the  State  of  Alabama  shall  not  be  liable  to  any  contractor  in  any 
manner  nor  in  any  sum  whatsoever,  but  all  such  contractors  shall 
receive  the  pay  or  consideration  in  compensation  solely  and  ex- 
clusively derived  from  the  proceeds  of  the  sale  of  books  as  pro- 
vided for  in  this  article. 

Section  25.  It  shall  be  stipulated  in  each  and  every  contract 
for  the  supplying  of  any  books,  as  provided  in  this  article,  that 
the  contractor  or  contractors  shall  take  up  the  school  books  now 
in  use  in  the  State,  and  receive  the  same  in  exchange  for  new 
books  at  a  price  to  be  fixed  in  the  contract,  which  shall  not  be 
greater  than  is  charged  in  other  states  where  such  book  is 
adopted.  The  exchange  period  shall  continue  for  one  year  from 
the  date  of  contract,  and  each  person  or  publisher  making  a  bid 
for  the  supplying  of  any  book  or  books  under  this  article  shall 
state  in  such  bid  or  proposal  the  exchange  price  at  which  such 
book  or  books  shall  be  furnished. 

Section  26.  The  State  text  book  committee  shall  have  and 
reserve  the  right  to  reject  any  and  all  bids  or  proposals,  and  in 
the  event  the  committee  fails  from  among  the  bids  or  proposals 
submitted  to  select  or  adopt  any  book  or  books  upon  any  of  the 
branches  mentioned  in  previous  sections  of  this  article,  the  said 
committee  may  readvertise  for  sealed  bids  or  proposals  under  the 


80 

same  terms  and  conditions  as  before,  and  proceed  in  their  investi- 
gations in  all  respects  as  it  did  in  the  first  instance,  and  as  re- 
quired by  the  terms  and  conditions  of  this  article. 

Section  27.  As  soon  as  the  State  board  of  education  shall 
have  entered  into  a  contract  or  contracts  for  the  furnishing  or 
supplying  of  books  for  use  in  the  public  schools  in  this  State  an 
announcement  to  this  effect  shall  be  made  by  the  president  of  the 
State  board  of  education  to  the  people  of  the  State. 

Section  28.  The  party  or  parties  with  whom  the  contract 
shall  be  made  shall  place  their  books  on  sale  at  not  less  than 
three  (3)  places  in  each  county  of  the  State  for  the  distribution 
of  the  books  to  the  patrons,  and  the  contractor  shall  be  per- 
mitted to  make  arrangements  with  a  merchant  or  other  person 
for  the  handling  and  distribution  of  the  books. 

Section  29.  All  books  shall  be  sold  to  the  consumer  at- the 
retail  contract  price,  and  in  each  book  shall  be  printed  the  follow- 
ing— "The  price  fixed  herein  is  fixed  by  State  contract  and  devia- 
tions therefrom  shall  be  reported  to  your  county  superintendent 
of  education  or  to  the  State  superintendent  of  education.  Should 
any  party  contracting  to  furnish  books  as  provided  for  fail  to 
furnish  them,  or  otherwise  breach  his  contract,  in  addition  to  the 
right  of  the  State  to  sue  on  his  bond  hereinabove  required  the 
county  superintendent  of  any  county  may  sue  in  the  name  of  the 
State  of  Alabama  in  any  court  of  competent  jurisdiction  in  the 
county  in  which  he  resides  for  the  use  and  benefit  of  the  school 
fund  of  the  county,  but  the  right  of  the  action  of  the  county 
superintendent  shall  be  limited  to  breaches  of  the  contract  com- 
mitted in  his  own  county.  In  all  cases  under  this  article  service 
of  process  may  be  had  and  deemed  sufficient  on  any  agent  of  the 
contractor  in  this  State. 

Section  30.  The  State  board  of  education  shall  from  time  to 
time  make  any  necessary  regulations  to  secure  the  prompt  distri- 
bution of  the  books  provided  for  in  this  article,  and  for  the 
prompt  and  faithful  execution  of  all  contracts. 

Section  31.  The  text  book  committees,  provided  for  in  this 
article,  shall  maintain  its  organization  for  five  (5)  years,  unless 
otherwise  ordered  by  the  State  board  of  education,  and  the  State 
board  of  education  shall  have  power  to  name  similar  committees, 
with  like  powers  and  for  like  terms.  All  bids  and  contracts  for 
school  books  shall  provide  for  the  purchase  by  municipalities, 
districts  and  counties  which  supply  free  school  books  of  all  such 
books  at  the  regular  contract  price,  less  the  commission  allowed 
the  agents  or  depositors. 

Section  32.  As  soon  as  practicable  after  the  adoption  provid- 
ed for  in  this  article,  the  State  superintendent  of  education  shall 
issue  a  bulletin  to  be  furnished  county  superintendents  of  educa- 
tion, city  superintendents  of  schools,  and  other  interested  par- 


81 

ties,  containing  the  list  of  books  adopted,  the  prices,  the  location 
of  agencies,  the  manner  of  distribution,  and  such  other  informa- 
tion as  he  may  deem  necessary. 

Section  33.  As  soon  as  any  existing  contract  for  books  ex- 
pires the  books  adopted  as  a  uniform  series  of  text  books  for  any 
period  shall  be  introduced  and  used  as  text  books  to  the  exclusion 
of  all  others  in  the  public  free  schools  in  this  State,  provided  that 
supplementary  books  may  be  used,  but  such  books  shall  not  be 
used  to  the  exclusion  of  the  books  prescribed  or  adopted  under 
the  provisions  of  this  article. 

Section  34.  The  patrons  of  the  public  schools  throughout  the 
State  may  procure  books  in  the  usual  way  in  the  event  no  con- 
tract should  be  made,  or  if  the  contractor  should  fail  or  refuse  to 
furnish  the  books  provided  for  in  this  article  at  the  time  required 
for  their  use  in  the  public  schools. 

Section  35.  The  members  of  the  text  book  committee  shall  be 
paid  the  sum  of  five  ($5)  dollars  per  day  during  the  time  they  are 
engaged  in  such  work,  and  in  addition  shall  recQJve  ten  (10)  cents 
per  mile  for  each  mile  traveled  from  their  homes  to  the  place  of 
meeting  and  return,  to  be  paid  out  of  the  revolving  fund  set  apart 
for  the  use  of  the  State  board  of  education,  or  such  other  fund  as 
may  be  available  for  such  purpose.  Each  member  of  the  com- 
mittee, before  receiving  any  funds  for  salary  or  expenses  shall 
make  and  swear  to  a  statement  of  the  number  of  miles  traveled 
and  the  number  of  days  engaged.  When  it  becomes  necessary  to 
pay  out  any  funds  in  accordance  with  the  provisions  of  this  sec- 
tion, the  State  superintendent  of  education  shall  make  requisi- 
tion upon  the  State  auditor  who  shall  draw  his  warrant  upon 
the  State  treasurer  for  the  amount  for  which  requisition  is  made. 

Section  36.  In  case  of  the  failure  of  any  contractor  to  furnish 
the  books  as  provided  in  his  contract,  his  bond  shall  be  declared 
forfeited,  and  the  State  board  of  education,  upon  the  recommen- 
dation of  the  State  text  book  committee,  may  make  such  other 
contract  for  the  unexpired  term  with  some  other  person  or  com- 
pany to  provide  such  books  as  may  be  necessary  to  take  the  place 
of  those  for  which  the  contract  has  been  forfeited. 

Section  37.  In  the  event  any  city  or  county  is  furnishing  free 
text  books  at  the  time  any  regular  contract  is  entered  into  with 
any  publisher  to  supply  text  books  for  use  in  the  public  schools 
of  the  State,  it  shall  be  stipulated  in  such  contract  that  said  city 
or  county  shall  have  the  right  to  purchase  such  text  books  direct 
from  publishers  and  at  the  same  prices  and  with  the  same  ex- 
change privileges  as  such  text  books  are  furnished  to  the  State 
during  the  life  of  such  contract.  Provided  that  the  aforesaid 
privilege  shall  apply  only  on  orders  for  freight  shipments  of  one 
hundred  pounds  or  more. 


82 

Section  38.  Any  city  of  forty  thousand  (40,000)  or  more  in- 
habitants whose  board  of  education  is  providing  free  text  books 
in  its  elementary  schools  may,  with  the  approval  of  the  State 
board  of  education,  substitute  in  its  book  lists,  texts  other  than 
those  prescribed  by  the  State  Text  Book  Committee. 

ARTICLE  24.     COUNTY  HIGH  SCHOOLS. 

Section  1.  The  State  board  of  education  shall  have  the  au- 
thority to  locate  one  high  school  in  each  of  the  counties  of  the 
State  which  shall  comply  with  the  minimum  requirements  pre- 
scribed by  such  board. 

Section  2.  As  a  condition  for  making  application  for  the  loca- 
tion of  a  county  high  school  there  shall  be  tendered  to  the  State 
a  suitable  site  which  shall  consist  of  not  less  than  five  (5)  acres 
of  land,  the  title  to  the  surface  of  which  shall  be  in  fee  (but  the 
land  need  not  include  mineral  rights)  and  there  shall  be  executed 
an  agreement  to  erect  thereon  a  building  suitable  for  high  school 
purposes  in  accordance  with  plans  and  specifications  approved  by 
the  State  board  of  education,  together  with  all  necessary  equip- 
ment. The  cost  of  said  building  and  equipment  shall  not  be  less 
than  twenty  thousand  ($20,000)  dollars.  Upon  the  satisfactory 
erection  and  equipment  of  the  building,  and  the  execution  of  a 
deed  conveying  to  the  State  of  Alabama  said  land,  building  and 
equipment,  there  shall  be  available  for  such  county  high  school 
from  the  State  treasury  a  sum  of  not  less  than  three  thousand 
($3,000)  dollars  nor  more  than  four  thousand  ($4,000)  dollars, 
for  each  fiscal  year. 

Section  3.  The  sum  of  three  thousand  ($3,000)  dollars  an- 
nually shall  be  available  for  each  county  high  school  heretofore 
or  hereafter  established  and  additional  sum  not  to  exceed  fifteen 
hundred  ($1,500)  dollars,  in  multiples  of  two  hundred  and  fifty 
($250)  dollars,  shall  also  be  available  to  any  such  county  high 
school,  conditioned  upon  an  appropriation  by  the  county  board  of 
education,  board  of  revenue,  or  court  of  county  commissioners, 
of  at  least  an  equal  amount  to  be  given  by  the  State  and  the 
meeting  of  such  requirements  as  may  be  prescribed  by  the  State 
board  of  education.  County  boards  of  education,  boards  of  rev- 
enue and  courts  of  county  commissioners  are  authorized  to  do- 
nate funds  for  the  maintenance  and  support  of  county  high 
schools,  and  for  the  purpose  of  meeting  the  conditions  set  out  in 
this  section,  and  to  accept  funds  for  such  purposes  from  incor- 
parated  towns,  special  school  districts,  and  from  private  indi- 
viduals. All  appropriations  made  by  the  State  and  by  the  county 
boards  of  education,  boards  of  revenue  or  courts  of  county  com- 
missioners shall  be  paid  quarterly  in  advance  and  in  accordance 
with  the  rules  and  regulations  prescribed  by  the  State  board  of 


83 

education.  The  State  board  of  education  with  the  consent  of 
the  county  board  of  education  shall  have  the  authority  to  discon- 
tinue any  county  high  school  and  to  deed  the  property  to  the 
party  or  parties  that  in  the  opinion  of  the  State  board  of  educa- 
tion are  entitled  to  receive  it,  and  the  State  board  of  education 
shall  have  the  power  to  locate  another  high  school  in  the  county 
in  which  a  county  high  school  has  been  discontinued,  upon  the 
fulfillment  of  the  conditions  prescribed  in  this  article. 

Section  4.  Each  county  high  school  of  the  State  shall  be  un- 
der the  direction  and  control  of  the  county  board  of  education  of 
the  county  in  which  the  county  high  school  is  located,  but  the 
State  board  of  education  shall  have  the  right  to  make  regulations 
setting  up  minimum  standards  for  the  course  of  study,  qualifica- 
tions of  principals  and  teachers  and  of  the  sanitary  conditions  to 
loe  maintained. 

Section  5.  For  the  purpose  of  seeing  that  the  minimum 
standards  prescribed  by  the  State  board  of  education  in  accord- 
ance with  Section  4  preceding,  are  maintained  and  for  the  pro- 
motion of  secondary  education  throughout  the  State,  the  State 
superintendent  of  education  with  the  approval  of  the  State  board 
of  education  is  authorized  to  expend  an  amount  not  to  exceed 
five  thousand  ($5,000)  dollars  annually  to  pay  the  necessary 
salary  and  expenses  of  persons  employed  for  the  supervision  con- 
templated in  this  section. 

Section  6.  For  the  purpose  of  maintaining  county  high 
schools  as  provided  in  Sections  1,  2,  3,  4,  and  5,  of  this  article, 
the  State  board  of  education  is  authorized  to  use  the  annual  leg- 
islative appropriation  provided  by  law,  provided  that  all  such 
funds  shall  be  paid  out  upon  requisition  of  the  State  superinten- 
dent of  education  upon  the  State  auditor  who  shall  draw  his 
warrant  on  the  State  treasurer  for  the  amount  for  which  requi- 
sition is  made. 

Section  7.  A  matriculation  fee  of  two  and  one-half  ($2.50) 
dollars  shall  be  collected  for  each  term  from  each  school  child 
entering  said  high  school,  and  the  proceeds  of  said  fees  shall  be 
used  under  the  direction  of  the  county  board  of  education  to  meet 
the  incidental  expenses  of  the  schools,  but  shall  not  be  used  to 
pay  salaries  other  than  for  janitor  services.  The  State  board  of 
education  shall  also  have  the  power  to  require  a  reasonable  fee 
for  laboratory  and  shop  work. 

Section  8.  There  shall  be  appointed  by  the  county  board  of 
education  for  each  county  high  school  a  treasurer  who  shall  hold 
office  for  a  term  of  three  years.  He  shall  serve  without  pay  and 
shall  execute  a  bond  for  three  thousand  ($3,000)  dollars  in  a 
surety  company  authorized  to  do  business  in  this  State,  the  pre- 
mium on  which  shall  be  paid  from  the  high  school  treasury.  The 
county  high  school  treasurer  may  be  removed  at  the  pleasure  of 


84 

the  county  board  of  education.  He  shall  be  custodian  of  all  funds 
accruing  to  the  county  high  school,  and  shall  pay  out  the  same 
on  monthly  pay  rolls  made  by  the  principal.  Certified  pay  rolls 
showing  the  receipts  and  disbursements  shall  be  sent  to  the  State 
Department  of  Education. 

Section  9.  Any  county  board  of  education,  commissioners 
court,  board  of  revenue  or  other  governing  body  is  authorized  to 
donate  or  appropriate  funds  to  aid  in  the  construction  or  im- 
provement of  necessary  buildings,  and  the  maintenance  and  sup- 
port of  county  high  schools. 

Section  10.  The  cities  and  towns  of  this  State  are  authorized 
and  empowered  to  convey  real  and  personal  property  belonging 
to  such  cities  or  towns  to  the  State  board  of  education,  and  to 
make  appropriations  from  city  or  town  funds,  and  issue  bonds  to 
aid  in  the  erection  and  in  the  equipment  of  high  school  buildings. 

ARTICLE  25.    STATE  SECONDARY  AGRICULTURAL 

SCHOOLS. 

Section  1.  The  annual  legislative  appropriation  for  the  fiscal 
year  beginning  October  1,  1919,  for  the  support  of  the  nine 
branch  agricultural  schools  and  experiment  stations  otherwise 
known  as  district  agricultural  schools,  located  at  Jackson,  Clarke 
county,  at  Evergreen,  Conecuh  county,  at  Abbeville,  Henry  coun- 
ty, at  Sylacauga,  Talladega  county,  at  Wetumpka,  Elmore  county, 
at  Hamilton,  Marion  county,  at  Albertville,  Marshall  county,  at 
Athens,  Limestone  county,  at  Blountsville,  Blount  county,  and 
to  the  Northeast  Agricultural  and  Industrial  Institute  at  Line- 
ville,  shall  be  paid  in  quarterly  installments  on  October  1st,  Jan- 
uary 1st,  April  1st,  July  1st  to  the  secretary-treasurer  for  the 
maintenance  and  support  of  said  schools. 

Section  2.  The  annual  legislative  appropriation  for  the  main- 
tenance and  support  of  the  State  secondary  agricultural  schools 
for  the  fiscal  year  beginning  October  1,  1920,  and  thereafter, 
shall  be  paid  quarterly  on  October  1st,  January  1st,  April  1st, 
July  1st  to  the  secretary-treasurer  of  said  schools. 

Section  3.  The  ten  schools  mentioned  in  section  one  of  this 
article  shall  on  and  after  October  1,  1920  be  known  as  State 
Secondary  Agricultural  Schools  and  shall  receive  an  annual  ap- 
propriation of  $7,500.00  each  as  provided  in  Section  2  of  this 
Article.  The  people  in  the  ten  districts  where  said  schools  are 
located  shall  erect  a  dormitory  in  each  of  said  districts  within 
three  years  from  January  1st,  1920  on  a  site  acceptable  to  the 
State  board  of  education  which  shall  be  presented  to  the  State  for 
the  use  of  said  school,  free  of  all  incumbrances,  the  said  dormi- 
tory to  conform  to  the  plans  and  specifications  approved  by  the 
State  Department  of  Education;  and  any  county  board  of  rev- 


85 

enue,  court  of  county  commissioners,  city  or  town  council  or 
commission,  is  hereby  authorized  to  appropriate  funds  for  the 
erection  of  said  dormitory  as  provided  in  this  act. 

Section  4.  The  State  board  of  education  shall  prescribe  rules 
and  regulations  for  the  government,  and  control  of  the  school, 
arrange  the  course  of  study,  placing  the  major  emphasis  on  agri- 
culture and  home  economics,  and  select  the  principals,  teachers 
and  all  other  employees. 

Section  5.  All  funds  appropriated  under  the  provisions  of 
this  article  shall  be  paid  out  upon  requisition  of  the  State  super- 
intendent of  education  upon  the  State  auditor  who  shall  draw  his 
warrants  upon  the  State  treasurer  for  the  amount  for  which 
requisition  is  made  in  favor  of  the  secretary-treasurer. 

ARTICLE  26.    STATE  NORMAL  SCHOOLS. 

Section  1.  The  State  board  of  education  shall  have  the  con- 
trol and  management  of  the  several  normal  schools  of  the  State 
for  white  teachers,  located  at  Florence,  Jacksonville,  Livingston, 
Troy,  Daphne,  and  Moundville,  and  of  the  State  normal  school 
for  colored  teachers,  located  at  Montgomery. 

Section  2.  The  State  board  of  education  shall  make  rules  and 
regulations  for  the  government  of  the  schools  and  shall  elect  the 
president  of  each  of  the  several  schools,  and  upon  their  recom- 
mendations the  members  of  the  faculties,  and  shall  fix  the  tenure 
and  salary  of  each  and  shall  prescribe  the  courses  of  study  to  be 
offered  and  the  extension  work  to  be  done.  Provided  hereby  that 
the  State  board  of  education  shall  so  arrange  the  course  of  study 
for  the  State  normal  school  located  at  Daphne,  Baldwin  county, 
and  Moundville,  Hale  county,  Alabama,  that  its  graduates  after 
the  increased  appropriation  for  said  school  shall  be  allowed  the 
same  privilege  for  certificate  exemption  as  that  accorded  the 
Class  A  normal  schools  of  Alabama. 

Section  3.  The  State  board  of  education  is  charged  with  the 
responsibility  of  directing  the  expenditure  of  the  annual  legisla- 
tive appropriations  for  the  support  and  maintenance  of  the  State 
normal  schools  for  white  teachers  located  at  Florence,  Jackson- 
ville, Livingston,  Troy,  Daphne  and  Moundville,  and  of  the 
State  normal  school  for  colored  teachers  located  at  Montgomery. 
The  State  board  of  education  is  further  charged  with  the  respon- 
sibility of  expending  all  special  appropriations  made  to  any  or  all 
of  the  above  institutions,  and  of  seeing  that  the  conditions  pre- 
scribed in  the  acts  making  the  appropriations  are  fully  complied 
with. 

Section  4.  All  funds  appropriated  to  the  normal  schools  shall 
be  paid  upon  requisition  of  the  State  superintendent  of  education 
upon  the  State  auditor  who  shall  draw  his  warrant  on  the  State 


86 

treasurer  in  favor  of  the  treasurer  of  the  school  for  the  amount 
for  which  requisition  is  made. 

Section  7.  It  shall  be  the  duty  of  the  president  of  each  of 
such  normal  schools  at  the  end  of  each  session  or  in  a  reasonable 
time  thereafter,  to  publish  once  a  week  for  three  successive 
weeks  in  a  newspaper  published  in  the  county  where  such  school 
is  located  an  itemized  statement  showing  receipts,  expenditures 
and  disbursements  of  such  school  of  which  he  is  president. 

ARTICLE  27.    ALABAMA  SCHOOL  OF  TRADES  AND 

INDUSTRY. 

Section  1.  There  is  hereby  created  and  established  at  Rag- 
land,  Alabama,  the  Alabama  School  of  Trades  and  Industry  for 
the  education  and  training  of  white  boys  and  young  men  in  all 
the  useful  and  industrial  occupations  and  in  the  arts  and  sciences, 
and  to  enable  the  students  of  such  institutions  to  acquire  educa- 
tion and  training  by  employing  a  part  or  portion  of  their  tim^e, 
if  necessary,  while  in  school  to  pay  all  or  a  -part  of  their  board, 
lodging  and  tuition. 

Section  2.  The  said  school  is  hereby  incorporated  by  this  act 
under  the  name  of  "The  Alabama  School  of  Trades  and  Indus- 
try", with  the  right  to  have  and  use  a  corporate  seal,  to  sue  and 
be  sued  in  such  corporate  name  in  any  of  the  courts  of  this  State 
of  competent  jurisdiction,  as  in  the  cases  of  natural  persons. 

Section  3.  It  shall  be  the  duty  of  the  governor  upon  the  ap- 
proval of  this  act,  to  appoint  five  trustees  to  serve  until  Septem- 
ber 30,  1923,  after  which  the  entire  management  and  control  of 
such  school  shall  be  vested  in  the  State  board  of  education,  who 
shall  constitute  a  board  of  control  for  the  said  school.  All  va- 
cancies shall  be  filled  by  appointment  by  the  governor.  The 
aforesaid  trustees  named  in  this  act  shall  meet  in  the  town  of 
Ragland  at  such  time  as  they  may  appoint,  not  more  than  ninety 
days  after  the  approval  of  this  act,  and  organize  themselves  into 
a  board  of  control  for  said  school  by  electing  one  of  their  mem- 
bers chairman  and  a  secretary  and  treasurer,  and  such  other 
officers  as  they  think  necessary,  a  majority  shall  constitute  a 
quorum  of  such  board  for  the  transaction  of  business.  The  sec- 
retary and  treasurer  may  be  some  one  other  than  a  trustee  and 
the  State  superintendent  of  education  and  the  governor  of  the 
State  of  Alabama  are  ex-officio  members  of  the  board  of  control. 

Section  4.  The  board  of  control  is  hereby  invested  with  full 
and  ample  authority  to  receive  and  accept  for  the  use  and  benefit 
of  such  school  all  gifts,  donations,  devices  and  bequests  of  any 
and  all  money  and  real  and  personal  property  necessary  and  use- 
ful in  carrying  into  effect  the  object  and  purpose  of  this  Act, 
and  with  the  authority  on  the  part  of  such  board  of  control  in 


87 

the  name  of  such  corporation  to  sell  and  dispose  of  such  property 
which,  in  the  judgment  of  such  board  may  aid  in  carrying  into 
effect  the  object  of  this  act,  and  the  building  up  and  sustaining 
of  such  schools. 

Section  5.  The  persons  attending  such  school  shall  be  taught 
and  thoroughly  trained  in  the  useful  occupations,  arts  and 
sciences  with  the  concurrence  and  approval  of  such  board. 

Section  6.  The  board  of  control,  aforesaid,  is  hereby  invested 
with  full,  ample  and  sufficient  power  and  authority  to  make  and 
adopt  all  laws,  rules  and  regulations  not  inconsistent  with  the 
laws  of  this  State  which  may  be  necessary  for  the  management, 
control  and  conduct  of  such  school,  and  the  business  connected 
therewith. 

Section  7.  The  said  school  shall  be  located  at  Ragland,  Ala- 
bama, and  on  a  lot  or  parcel  of  land  containing  an  area  of  not  less 
than  one  hundred  (100)  acres  heretofore  deeded  to  the  Alabama 
School  of  Trades  and  Industry  as  incorporated  under  an  act  ap- 
proved April  12,  1911.  In  order  to  make  provision  for  the  con- 
struction of  the  necessary  school  buildings  and  equipment  for  the 
Alabama  School  of  Trades  and  Industry  of  Ragland,  Alabama, 
the  board  of  trustees  is  authorized  to  accept  from  public  or  pri- 
vate sources  the  sum  of  thirty  thousand  ($30,000)  dollars,  to  be 
expended  for  such  purposes  provided  that  when  the  full  sum  of 
thirty  thousand  ($30,000)  dollars  shall  have  been  placed  to  the 
credit  of  the  board  of  control  the  special  legislative  appropriation 
of  thirty  thousand  ($30,000)  dollars  to  be  used  for  the  construc- 
tion and  equipment  of  the  necessary  school  buildings  shall  also  be 
available  upon  the  approval  of  the  governor  and  shall  be  paid  out 
upon  the  requisition  of  the  State  superintendent  of  education 
upon  the  State  auditor  who  shall  draw  his  warrant  upon  the  State 
treasurer  for  the  amount  for  which  requisition  is  made. 

Section  8.  The  annual  legislative  appropriation  for  the 
maintenance  and  support  of  the  said  school  shall  be  paid  in  quar- 
terly installments  on  October  1st,  January  1st,  April  1st,  July  1st 
upon  requisition  of  the  State  superintendent  of  education  upon 
the  State  auditor  who  shall  draw  his  warrant  in  favor  of  the 
treasurer  of  the  school  for  the  amount  to  which  the  school  is 
entitled. 

Section  9.  The  said  board  of  control  shall  be  required  to 
keep  in  a  well  bound  book  or  books  a  full  and  complete  record  of 
all  of  the  acts  and  doings  under  the  provisions  of  this  act,  which 
record  or  records  shall  at  all  times  in  seasonable  hours  be  open 
to  the  public  inspection  for  any  and  all  persons  interested  in  the 
same  or  in  the  school.  The  governor  may  at  pleasure  direct  the 
State  examiner  of  public  accounts  to  inspect  and  report  on  all 
money  expended  by  such  board  under  this  act. 


88 

Section  10.  The  State  superintendent  of  education,  with  the 
board  of  control  of  said  school,  shall  prepare  a  course  of  study 
to  be  pursued  in  said  school  in  keeping  with  the  intents  and  pur- 
poses of  this  act. 

ARTICLE  28.     AGRICULTURAL  AND  MECHANICAL 
INSTITUTE  FOR  NEGROES. 

Section  1.  The  Hunts ville  State  Normal  and  Industrial 
School  later  changed  to  the  Agricultural  and  Mechanical  College 
for  Negroes,  shall  hereafter  be  known  as  the  Agricultural  and 
Mechanical  Institute  for  Negroes,  and  shall  be  under  the  direc- 
tion and  control  of  the  State  board  of  education. 

Section  2.  The  State  board  of  education  shall  make  rules  and 
regulations  for  the  government  of  the  school,  and  shall  select  the 
president  and  all  members  of  the  faculty,  and  shall  fix  the 
amount  of  salary  and  the  term  of  service  of  each  employee. 

Section  3.  The  division  of  the  fund  to  be  received  from  the 
Federal  government  under  the  so-called  Morrill  Act  between  one 
college  for  white  students  and  one  institution  for  colored  stu- 
dents, shall  be  based  from  year  to  year  upon  the  ratio  of  the  num- 
ber of  each  race  of  legal  school  age  to  the  total  population  of 
school  age  in  the  State  of  Alabama,  as  shown  by  the  State  school 
census  next  preceding  the  annual  payment  of  the  fund  by  the 
United  States  treasury. 

Section  4.  That  portion  of  the  grant  of  money  received  by 
the  State  of  Alabama  under  the  acts  of  Congress  approved  July 
2,  1862,  August  30,  1890,  and  March  4,  1907,  and  set  apart  in 
section  3  for  the  education  of  white  students  is  appropriated  to 
the  Alabama  Polytechnic  Institute  at  Auburn,  and  that  portion 
of  the  said  grant  herein  set  apart  for  the  education  of  colored 
students  is  appropriated  to  the  Agricultural  and  Mechanical  In- 
stitute for  Negroes  at  Normal. 

Section  5.  All  appropriations  that  may  be  made  to  the 
Huntsville  State  Normal  and  Industrial  School,  or  to  the  Agri- 
cultural and  Mechanical  College  for  Negroes,  shall  be  available 
for  the  use  of  the  said  Agricultural  and  Mechanical  Institute  for 
Negroes  and  shall  be  paid  out  upon  requisition  of  the  State  super- 
intendent of  education  upon  the  State  auditor  who  shall  draw  his 
warrant  upon  the  State  treasurer  in  favor  of  the  treasurer  of  the 
school  for  the  amount  for  which  requisition  is  made. 

ARTICLE  29.     ALABAMA  TECHNICAL  INSTITUTE  AND 
COLLEGE  FOR  WOMEN. 

Section  1.  The  school  heretofore  established  at  Montevallo 
as  the  "Alabama  Girls'  Industrial  School"  later  known  as  and 
called  "The  Alabama  Girls'  Technical  Institute"  is  and  shall  re- 


89 

main  a  body  corporate  under  the  corporate  name  of  "Alabama 
Technical  Institute  and  College  for  Women"  and  by  that  name 
may  sue  and  contract,  acquire  and  hold  real  and  personal  prop- 
erty, and  have  and  exercise  all  the  powers  of  a  corporation  estab- 
lished to  carry  on  a  state  educational  institution  of  higher  learn- 
ing and  shall  succeed  to  all  the  rights,  privileges,  emoluments, 
benefits,  interests,  and  titles  heretofore  at  any  time  vested  in  said 
"Alabama  Girls'  Industrial  School"  and  the  "Alabama  Girls' 
Technical  Institute",  respectively. 

Section  2.  The  Alabama  Technical  Institute  and  College  for 
women  shall  be  governed  by  a  board  of  trustees  composed  of  the 
governor,  who  shall  be  president,  ex-officio,  the  superintendent 
of  education,  ex-officio,  one  trustee  from  each  congressional  dis- 
trict, and,  until  as  otherwise  herein  provided,  two  trustees  from 
the  state-at-large.  The  terms  of  office  of  the  trustees  now  in 
office  are  hereby  extended  to  the  third  Monday  in  January  of  the 
years  in  which,  under  the  law  heretofore  in  force,  they  expire, 
respectively,  and  until  their  successors  are  appointed  and  quali- 
fied, respectively.  Said  trustees  shall  be  arranged  in  three 
groups.  Those  for  the  first,  fourth,  seventh,  and  tenth  congres- 
sional districts  shall  be  group  1 ;  those  for  the  second,  fifth,  and 
eighth  congressional  districts  and  one  for  the  state-at-large  to 
be  designated  by  the  governor,  shall  be  group  2;  those  for  the 
third,  sixth,  and  ninth  congressional  districts,  and  the  remaining 
one  for  the  state-at-large,  shall  be  group  3.  Successors  to  those 
trustees  in  group  1,  when  their  terms  expire,  shall  be  appointed 
for  a  term  to  end  on  the  third  Monday  in  January,  1931,  and 
thereafter  for  a  term  of  twelve  years.  Successors  to  those  trus- 
tees in  group  2,  when  their  terms  expire,  shall  be  appointed  for 
a  term  to  end  on  the  third  Monday  in  January,  1935,  and  there- 
after for  a  term  of  twelve  years.  Successors  to  those  trustees 
in  group  3,  when  their  terms  expire,  shall  be  appointed  for  a 
term  to  end  on  the  third  Monday  in  January,  1939,  and  there- 
after for  a  term  of  twelve  years.  In  case  of  the  creation  and 
establishment  of  an  eleventh  congressional  district  in  the  State, 
the  trustee  in  group  2,  from  the  state-at-large,  shall  automat- 
ically cease  to  be  a  trustee  from  the  state-at-large,  and  become 
for  the  remainder  of  his  term  trustee  for  such  eleventh  district 
and  there  shall  remain  but  one  trustee  from  the  state-at-large; 
and,  if  an  additional,  twelfth  congressional  district  be  created 
and  established,  such  remaining  trustee  from  the  state-at-large, 
in  group  3,  shall  automatically  become  a  trustee  for  such  twelfth 
district,  and  there  shall  be  no  trustee  for  the  state-at-large,  it 
being  deemed  inadvisable,  in  any  event  to  increase  the  numerical 
force  of  the  board.  No  vacancy  of  the  office  of  a  trustee  shall  be 
occasioned  by  the  creation  of  new  districts  or  change  of  district 
lines,  except  as  hereinbefore   provided   for   the   elimination   of 


90 

state-at-large  trustees ;  but  all  new  appointees,  except  for  the 
state-at-large,  shall  be,  at  the  time  of  their  appointment,  resi- 
dents of  the  district  for  which  they  are  appointed,  respectively. 
A  vacancy  in  the  office  of  trustees  shall  be  occasioned  by  the 
change  of  residence  of  a  trustee  from  the  district  from  which 
he  was  appointed.  All  appointments  of  trustees  shall  be  made 
by  the  governor  with  the  advice  and  consent  of  the  Senate.  In 
case  of  a  vacancy  in  the  office  of  trustee,  the  governor  shall  ap- 
point a  successor,  who  shall  hold  office  till  the  next  meeting  of 
the  legislature,  when  the  governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  a  trustee,  who  shall  hold 
office  for  the  unexpired  term.  A  trustee  shall  be  ineligible  to  be 
elected  by  the  board  of  trustees  to  any  office  pertaining  to  this 
institution.  The  trustees  are  entitled  to  receive  payment  of  their 
actual  expenses  incurred  in  the  discharge  of  their  duties  as  such 
trustees. 

Section  3.  The  Institute  is  established  for  the  purpose  of 
giving  therein  instruction  in  the  liberal  arts  and  sciences  and  in 
technical  subjects  suitable  for  women,  and  to  this  end  the  follow- 
ing academic  and  technical  departments  are  established.  1.  Eng- 
lish, literature,  expression;  2.  mathematics,  and  astronomy;  3. 
history,  and  political  economy;  4.  education,  psychology,  sociol- 
ogy; 5.  ancient  languages;  6.  modern  languages;  7.  chemistry, 
physics,  geology;  8.  biology,  bacteriology,  zoology;  9.  physiology, 
sanitation;  10.  agriculture,  dairying,  floriculture,  horticulture; 
11.  art,  painting,  manual  training;  12.  home  economics;  13.  vocal 
and  instrumental  music ;  14.  commercial  branches, — stenography, 
book-keeping,  type- writing,  telegraphy.  Other  departments  or 
subjects  may  be  well  established  from  time  to  time  by  the  trus- 
tees upon  the  recommendation  of  the  president  and  faculty,  that 
women  may  have  the  opportunity  for  general  education  and  for 
special  preparation  for  home  making,  extension  service,  teach- 
ing, and  for  becoming  self  supporting  in  trades  and  industries 
and  in  the  business  world. 

Section  4.  The  faculty,  with  the  approval  of  the  trustees, 
may  grant  and  confer  diplomas,  certificates  or  degrees  upon  such 
students  as  may  be  entitled  thereto  under  the  rules  adopted  by 
the  trustees,  governing  this  subject. 

Section  5.  The  trustees  shall  elect  a  president  for  a  term  to 
be  fixed  by  them,  who  shall  not  be  removed  during  the  term  for 
which  he  is  elected,  except  for  just  cause,  which  shall  be  explic- 
itly set  forth  in-  writing  in  the  minutes  of  the  proceedings  of  the 
trustees  and  approved  by  a  majority  of  all  the  trustees.  No  per- 
son shall  be  eligible  to  the  office  of  president  unless  he  is  a  grad- 
uate of  some  college  or  university  of  well  known  high  standing, 
an  educator  by  profession,  of  good  moral  character  and  possess- 
ing good  business  and  administrative  qualifications.  The  trustees 


91 

shall  fix  the  salary  of  the  president  before  electing  a  person  to 
the  office,  and  shall  not  decrease  the  amount  thereof  during  the 
term  of  office  without  the  consent  of  the  president. 

Section  6.  The  president,  with  the  advice  and  consent  of  the 
trustees,  shall  appoint  and  fix  the  compensation  for  all  profes- 
sors, associate  professors,  and  other  necessary  teachers  and  offi- 
cers. The  president,  professors,  and  associate  professors  shall 
compose  the  faculty  of  the  Institute. 

Section  7.  The  trustees  of  the  Institute  shall  elect  a  secre- 
tary, who  shall  hold  office  for  the  term  and  receive  such  compen- 
sation as  may  be  fixed  by  the  trustees,  and  shall  perform  such 
services  as  may  be  required  of  him. 

Section  8.  The  trustees  shall  elect  a  treasurer,  who  shall  not 
be  a  trustee,  who  shall  receive,  hold,  and  pay  out  all  moneys  be- 
longing to  the  Institute,  or  that  may  be  paid  in  for  the  necessary 
expenses  of  any  student  in  the  Institute,  or  for  her  use  and  bene- 
fit, and  the  treasurer  shall  hold  office  for  the  term  and  receive 
such  compensation  as  may  be  fixed  by  the  trustees.  Before  enter- 
ing upon  his  duties,  the  treasurer  must  give  bond  in  such  penalty 
as  the  trustees  may  fix,  payable  to  "The  Alabama  Technical  In- 
stitute and  College  for  Women,"  with  conditions  that  he  will 
faithfully  receive,  safely  keep,  and  lawfully  pay  out,  and  prompt- 
ly, fully,  and  fairly  account  for  all  moneys  or  choses  in  action 
which  may  come  to  him  by  virtue  of  his  office,  and  the  trustees 
may  require  a  new  bond,  or  an  additional  bond,  whenever  they 
judge  that  the  interest  of  the  Institute  requires  it. 

Section  9.  Whenever  the  funds  in  the  hands  of  the  treasurer, 
or  funds  about  to  be  received  by  him,  are  in  danger  of  being  lost, 
the  trustees  or  president  may  remove  the  treasurer  from  office 
and  take  from  him  all  funds  and  choses  in  action  belonging  to  the 
Institute  or  any  pupil  therein,  and  may,  in  that  event,  appoint  a 
temporary  custodian  with  bond  or  security  to  hold  such  funds. 

Section  10.  The  secretary,  treasurer,  and  all  other  officers, 
agents,  or  servants  of  the  Institute  who  are  required  to  keep, 
use,  or  dispose  of  any  property  of  the  school,  shall  keep  accounts 
of  their  transactions  in  books  to  be  furnished  them  by  the  trus- 
tees, which  shall  at  all  times  be  open  to  the  inspection  and  exam- 
ination of  the  president,  the  trustees,  or  anyone  appointed  by  the 
trustees  thereto,  and  any  person  withholding  such  book  or  books 
belonging  to  the  Institute  from  the  inspection  of  any  officer  en- 
titled to  examine  the  same,  shall  be  immediately  removed  from 
his  office  or  employment  by  the  president  or  trustees. 

Section  11.  Any  white  girl  or  woman  residing  in  Alabama, 
of  good  moral  character,  in  good  health,  and  of  sufficient  physical 
and  mental  development,  to  be  judged  of  by  the  president,  who 
shall  comply  with  all  the  requirements  prescribed  by  the  trustees^ 


92 

may  be  admitted  into  the  Institute,  and  upon  completing  the 
course  of  study  prescribed  at  the  time  of  her  admission,  to  the 
satisfaction  of  the  faculty,  shall  receive  the  certificate,  diploma, 
or  degree  she  may  have  earned.  Whenever  the  accommodations 
of  the  institute  are  sufficient  to  admit  more  students  than  apply 
from  Alabama,  then  students  from  other  states  or  countries  may 
be  received  and  instructed  in  the  Institute  upon  such  terms  and 
conditions  as  may  be  imposed  by  the  president  or  trustees. 

Section  12.  The  property  of  the  Institute,  of  every  kind  and 
description,  shall  forever  be  exempt  from  all  taxes,  municipal, 
county,  or  State,  and  from  all  local  assessments.  The  president, 
teachers,  officers,  and  employees  are  exempt  from  jury  duty  and 
from  working  the  public  roads  or  streets,  and  all  employees  are 
further  exempt  from  the  payment  of  town  licenses  for  their  labor 
while  working  for  this  institution. 

Section  13.  As  far  as  may  be  practicable,  students  in  the 
Institute  shall  be  employed  in  giving  assistance  in  any  depart- 
ment of  work  of  the  Institute  to  enable  them  to  obtain  instruc- 
tion therein,  but  students  shall  be  employed  only  in  cases  and  to 
the  extent  that  they  may  be  able  to  render  efficient  service  with- 
out injury  to  themselves  or  to  the  Institute. 

Section  14.  All  rights  of  property  and  action  which  may  have 
accrued  to  the  Institute  before  the  adoption  of  this  Act  are  con- 
firmed and  preserved,  and  no  grant  or  gift  of  any  valuable  thing 
or  right  shall  fail  by  reason  of  a  mistake  in  the  name  of  this  cor- 
poration or  institute;  provided  the  intention  to  grant  or  give  to 
the  Institute  may  be  derived  from  the  words  used  in  designating 
the  beneficiary  or  grantee.  All  rights,  powers,  and  remedies 
granted  in  and  by  an  act  to  create  and  establish  an  industrial 
school  in  the  State  of  Alabama  for  white  girls,  approved  Febru- 
ary 21,  189.3,  and  any  act  amendatory  thereof,  are  confirmed  and 
preserved  for  the  Alabama  Technical  Institute  and  College  for 
Women. 

Section  15.  Whenever  the  Institute  needs  any  land  near  the 
Institute  for  any  purpose  of  the  institution,  and  the  owner  there- 
of is  a  minor  or  an  insane  person,  or  refuses  to  sell  the  land  to'the 
State  for  the  use  of  the  Institute,  or  will  not  agree  with  the 
board  of  trustees  or  the  president  on  a  price  therefor,  the  trus- 
tees shall  have  authority  to  institute  in  the  probate  court  of 
Shelby  county  proceedings  in  the  name  of  the  State  of  Alabama, 
to  condemn  such  land,  which  proceedings  shall  be  conducted  as 
nearly  as  may  be  possible  in  accordance  with  the  provisions  of 
sections  3860-3903  of  the  Code.  It  shall  be  the  duty  of  the  trus- 
tees to  pay  out  of  the  funds  of  the  Institute  all  costs  of  every 
condemnation  proceeding  instituted  by  them  under  the  power 
hereby  conferred. 


93 

Section  16.  The  annual  legislative  appropriation  for  the 
maintenance  of  the  "Alabama  Technical  Institute  and  College 
for  Women"  shall  be  paid  in  quarterly  installments  on  the  first  of 
October,  January,  April,  and  July  of  each  fiscal  year.  The  an- 
nual appropriation  for  the  summer  school  shall  be  paid  on  the 
first  of  July  in  each  fiscal  year,  and  the  appropriation  for  the 
erection  of  buildings  and  equipment  shall  be  paid  as  prescribed 
in  the  act  making  the  appropriation. 

Section  17.  The  lands  now  owned  by  the  Institute,  granted 
by  the  Congress  of  the  United  States  to  the  State  of  Alabama 
for  the  use  of  this  institution,  shall  only  be  leased  or  disposed  of 
by  the  board  of  trustees,  with  the  approval  of  the  governor,  pro- 
vided, the  board  of  trustees  may  delegate  to  an  executive  com- 
mittee to  be  composed  of  three  or  more  of  its  members,  the  right 
and  power  to  lease  or  sell  any  of  said  lands,  with  the  approval  of 
the  governor,  and  when  any  lease  or  sale  shall  have  been  made 
as  herein  provided,  the  governor,  upon  request  of  the  board  of 
trustees,  or  its  executive  committee,  as  the  case  may  be,  shall 
execute  contracts  of  lease,  or  deeds  of  conveyance  as  may  have 
been  agreed  on  between  the  board,  or  its  executive  committee, 
and  the  lessee  or  purchaser.  All  the  proceeds  arising  from  the 
sale  of  lands  shall  be  paid  into  the  treasury  of  the  State  to  remain 
forever  as  a  fund  for  the  use  of  the  Institute,  and  upon  which 
there  shall  be  paid  to  the  Institute  interest  at  the  rate  of  six  per 
cent  per  annum,  in  quarterly  installments. 

Section  18.  The  proceeds  of  all  lands  sold  or  leased  by  the 
Alabama  Technical  Institute  and  College  for  Women  shall  be  paid 
into  the  State  treasury.  The  Institute,  out  of  the  money  appro- 
priated by  the  State  legislature  for  the  maintenance  of  the  Insti- 
tute, shall  pay  all  the  expenses  of  caring  for,  protecting,  and  sell- 
ing the  lands. 

Section  19.  On  the  last  day  of  every  quarter  the  State  treas- 
urer shall  pay  to  the  treasurer  of  the  Alabama  Technical  Insti- 
tute and  College  for  Women,  upon  the  order  of  the  president  of 
the  Institute,  interest  at  the  rate  of  six  per  cent  per  annum,  on 
the  whole  amount  of  the  fund  in  the  State  treasury  at  the  close 
of  every  quarter,  arising  from  the  sale  of  lands,  and  upon  every 
sum  paid  into  the  State  treasury  before  the  current  quarter  upon 
which  interest  has  never  been  paid ;  and  all  laws  or  parts  of  laws 
in  conflict  herewith  are  hereby  expressly  repealed,  it  being  the 
purpose  and  intent  of  the  State  of  Alabama  to  execute  in  good 
faith  the  trust  reposed  in  it  by  Congress  when  granting  the  lands 
to  the  State  for  the  benefit  of  the  Institute  and  to  preserve  the 
proceeds  arising  from  the  lessee  or  sales  of  the  lands  of  the  Insti- 
tute so  granted  by  Congress  as  a  fund  forever,  and  to  pay  the 
interest  thereon  for  the  support  and  maintenance  of  the  Insti- 
tute. 


94 

ARTICLE  30.    ALABAMA  POLYTECHNIC  INSTITUTE. 

Section  1.  The  governor  and  the  superintendent  of  educa- 
tion, by  virtue  of  their  respective  offices,  and  the  trustees  ap- 
pointed from  the  different  congressional  districts  of  the  State,, 
under  the  provisions  of  section  266  of  the  Constitution  of  1901, 
and  their  successors  in  office,  are  constituted  a  body  corporate 
under  the  name  of  'The  Alabama  Polytechnic  Institute,"  to  carry 
into  effect  the  purposes  and  intent  of  the  Congress  of  the  United 
States  in  the  grant  of  lands  by  the  act  of  July  2,  1862. 

Section  2.  Such  corporation  shall  have  all  the  rights,  privi- 
leges, and  franchises  necessary  to  a  promotion  of  the  end  of  its 
creation,  and  shall  be  charged  with  all  corresponding  duties, 
liabilities  and  responsibilities. 

Section  3.  For  the  payment  of  the  interest,  at  the  rate  of 
eight  per  cent  per  annum,  on  the  fund  of  two  hundred  and  fifty- 
three  thousand  and  five  hundred  dollars,  arising  from  the  sale 
of  the  script  for  the  land  donated  in  trust  to  this  State  by  the 
act  of  Congress  of  July  2,  1862,  the  faith  and  credit  of  the  State 
are  forever  pledged. 

Section  4.  The  board  of  trustees  have  the  power  to  organize 
the  institute  by  appointing  a  corps  of  instructors,  who  shall  be 
styled  the  faculty  of  the  institute,  and  such  other  instructors  and 
officers  as  the  interest  of  the  institute  may  require;  and  to  re- 
move any  such  instructors  or  other  officers,  and  to  fix  their  sala- 
ries or  compensation,  and  increase  or  reduce  the  same  at  their 
discretion;  to  regulate,  alter,  or  modify  the  government  of  the 
institute  as  they  may  deem  advisable;  to  prescribe  courses  of 
instruction,  rates  of  tuition,  and  fees;  to  confer  such  academic 
and  honorary  degrees  as  are  usually  conferred  by  institutions  of 
similar  character;  and  to  do  whatever  else  they  may  deem  best 
for  promoting  the  interest  of  the  institute.  They  shall  also  es- 
tablish and  maintain  a  military  department  in  the  institute,  and 
elect  a  commandant  and  such  other  officers  as  may  be  necessary 
for  the  department. 

Section  5.  The  trustees  of  the  institute  are  divided  into  three 
classes,  as  follows:  The  trustees  from  the  fourth,  fifth,  and 
seventh  districts  shall  constitute  the  first  class;  those  from  the 
second,  sixth,  and  eighth  district  shall  constitute  the  second 
class;  and  those  from  the  first,  third,  ninth  and  tenth  districts 
shall  constitute  the  third  class;  and  they  shall  hold  office,  and 
their  seats  be  vacated  as  prescribed  by  section  266  of  the  Consti- 
tution. 

Section  6.  Any  vacancy  in  the  office  of  trustee,  occurring 
during  the  recess  of  the  legislature,  shall  be  filled  by  appoint- 
ment of  the  governor,  such  appointee  to  hold  until  the  next  ses- 
sion of  the  legislature  thereafter ;  such  vacancy  shall  be  filled  by 


95 

the  governor,  by  and  with  the  consent  of  the  Senate;  and  any 
trustee  appointed  to  fill  a  vacancy  by  the  governor,  by  and  with 
the  consent  of  the  Senate,  shall  hold  during  the  unexpired  term. 
Section  7.  The  board  of  trustees  shall  hold  their  meetings  at 
the  Institute  on  the  first  Monday  in  June  of  each  year,  unless  the 
board  shall,  in  regular  session,  determine  to  hold  its  meetings  at 
some  other  time  and  place;  and  upon  the  application  in  writing 
of  any  four  members  of  the  board,  the  governor  shall  appoint  a 
special  meeting,  naming  the  time  and  place  thereof,  and  cause 
notices  thereof  to  be  issued  to  the  several  members  of  the  board, 
but  such  meeting  shall  not  be  appointed  for  a  day  less  than  twen- 
ty days  subsequent  to  the  date  of  the  notice. 

Section  8.  Six  members  of  the  board  of  trustees  shall  con- 
stitute a  quorum,  but  a  smaller  number  may  adjourn  from  day 
to  day  until  a  quorum  is  present. 

Section  9.  The  certificate  of  the  president  of  the  board,  or,  in 
his  absence,  of  the  president  pro  tempore,  countersigned  by  the 
secretary,  shall  entitle  the  several  trustees  to  the  payment  of 
their  actual  expenses  incurred  in  the  discharge  of  their  duties  as 
such  trustees. 

Section  10.  No  grant  or  gift,  by  will  or  otherwise,  shall  fail 
on  account  of  any  misnomer  or  informality,  when  the  intent  of 
the  grantor  or  donor  can  be  arrived  at;  nor  shall  any  default, 
malfeasance,  or  misfeasance,  or  non-user,  on  the  part  of  the  trus- 
tees, or  other  officers  or  agents  of  such  corporation,  work  a  for- 
feiture, of  any  of  its  rights,  privileges,  powers,  or  franchises. 

Section  11.  It  shall  be  the  duty  of  the  board  of  trustees  to 
make,  or  cause  to  be  made  to  the  legislature,  at  each  session 
thereof,  a  full  report  of  their  transactions,  and  of  the  condition  of 
the  institute,  embracing  an  itemized  account  of  all  receipts  and 
disbursements  on  account  of  the  institution  by  those  charged 
with  the  administration  of  its  finances. 

Section  12.  The  State  treasurer  must  pay  the  interest  on  the 
fund  of  two  hundred  and  fifty-three  thousand  and  five  hundred 
dollars  arising  from  the  sale  of  land  script  quarterly,  as  the  same 
may  accrue  to  the  treasurer  or  other  authorized  agent,  or  officer 
of  the  institute ;  and  on  the  application  of  the  treasurer,  agent,  or 
officer,  the*  State  auditor  shall  draw  his  warrant  on  the  State 
treasurer  for  such  interest;  but  in  no  case  shall  any  person  be 
authorized  to  receive,  hold,  or  disburse  any  fund  of  the  institute, 
without  first  having  given  bond  conditioned  for  the  faithful  per- 
formance of  his  duties. 

Section  13.  The  annual  legislative  appropriation  for  the  sup- 
port and  maintenance  of  the  Alabama  Polytechnic  Institute  shall 
be  paid  out  on  requisition  of  the  president  and  treasurer  of  said 
Polytechnic  Institute,  and  the  special  appropriation  for  addi- 
tional buildings  and  equipment  shall  be  paid  on  the  requisition 


96 

« 

of  the  president  and  treasurer  of  said  Polytechnic  Institute  with 
the  approval  of  the  governor. 

ARTICLE  31.    UNIVERSITY  OF  ALABAMA. 

Section  1.  The  governor  and  the  superintendent  of  education, 
by  virtue  of  their  respective  offices,  and  the  trustees  heretofore 
appointed  from  the  different  congressional  districts  of  the  State 
under  the  provisions  of  section  264  of  the  Constitution,  and  such 
other  members  as  may  be  from  time  to  time  added  to  the  board 
of  trustes  and  their  successors  in  office,  are  constituted  a  body 
corporate  under  the  name  of  'The  board  of  trustees  of  the  Uni- 
versity of  Alabama",  to  carry  into  effect  the  purposes  and  intent 
of  the  Congress  of  the  United  States  in  the  grant  of  lands  by  the 
act  of  April  20,  1818,  and  of  the  act  of  March  2,  1819,  to  this 
State,  to  be  by  it  held  and  administered  for  the  benefit  of  a  semi- 
nary of  learning. 

Section  2.  Such  corporation  shall  have  all  the  rights,  powers, 
and  franchise  necessary  to  or  promotive  of  the  end  of  its  crea- 
tion, and  shall  be  charged  with  all  the  corresponding  duties,  lia- 
bilities, and  responsibilities. 

Section  3.  Such  corporation  may  hold,  and  may  lease,  sell,  or 
in  any  other  manner  not  inconsistent  with  the  object  or  terms  of 
the  grant  or  grants  under  which  it  holds,  dispose  of  any  proper- 
ty, real  or  personal,  or  any  estate  or  interest  therein,  remaining 
of  the  original  or  any  subsequent  grant  by  Congress,  or  by  this 
State,  or  by  any  person,  or  accruing  to  the  corporation  from  any 
source,  including  also  the  proceeds  of  the  "University  Fund",  as 
to  it  may  seem  best  for  the  purposes  of  its  institution. 

Section  4.  The  fund  designated  in  the  preceding  section  as 
the  University  fund  consists  of  the  sum  of  thirty-six  thousand 
($36,000)  dollars  per  annum  as  interest  on  the  funds  of  the 
University  of  Alabama  heretofore  covered  into  the  State  treas- 
ury, for  the  support  and  maintenance  of  said  institution  and  such 
further  sum  as  may  be  appropriated  by  the  legislature. 

Section  5.  No  grant  or  gift,  by  will  or  otherwise,  shall  fail 
on  account  of  any  misnomer  or  informality,  when  the  intention 
of  the  grantor  or  donor  can  be  ascertained ;  nor  shall  any  default, 
malfeasance  on  the  part  of  the  trustees  or  other  officers  or 
agents  of  such  corporation,  work  a  forfeiture  of  any  of  its  rights, 
powers,  privileges,  or  franchises. 

Section  6.    In  addition  to  the  rights,  properties,  privileges, 
and  franchises  herein  granted,  all  rights,  properties,  privileges, 
and  franchises  heretofore,  by  any  act  of  the  legislature,  granted 
to  or  vested  in  the  University  of  Alabama,  shall  vest  and  contin-  • 
ue  in  such  corporation. 


97 

Section  7.  The  board  of  trustees  have  the  power  to  organize 
the  university  by  appointing  a  corps  of  instructors,  who  shall  be 
styled  the  faculty  of  the  university,  and  such  other  officers  as  the 
interest  of  the  university  may  require;  to  remove  such  instruc- 
tors or  officers,  and  to  fix  their  salaries  or  compensation,  and  in- 
crease or  reduce  the  same  at  their  discretion ;  to  institute,  regu- 
late, alter,  or  modify  the  government  of  the  university,  as  they 
may  deem  advisable ;  to  prescribe  courses  of  instruction,  rates  of 
tuition,  price  of  board,  and  regulate  the  necessary  expenses  of 
students ;  and  to  confer  such  degrees  as  are  usually  conferred  by 
similar  institutions.  They  may  delegate  to  the  faculty  of  the^ 
university,  or  other  officers,  such  powers  and  functions  in  the- 
government  of  the  students,  and  in  the  administration  of  the 
affairs  of  the  university,  as  they  may  deem  proper ;  but  in  no  case 
shall  any  person  be  authorized  to  receive,  hold,  or  disburse  any 
funds  of  the  university  without  having  first  given  bond,  condi- 
tioned for  the  faithful  discharge  of  his  duties;  and  no  person 
shall  be  excluded  from  the  full  benefit  of  the  university  fund,  or 
placed  at  any  disadvantage  in  the  pursuit  of  his  studies,  who  pos- 
sesses the  requisite  literary  or  other  qualifications,  and  is  willing 
to  submit  to  the  discipline  prescribed  for  the  students. 

Section  8.  The  State  university  shall  be  under  the  control  of 
the  board  of  trustees,  which  shall  consist  of  two  members  from 
the  congressional  district  in  which  the  university  is  located,  and 
one  from  each  of  the  other  congressional  districts  in  the  State, 
the  superintendent  of  education,  and  the  governor,  who  shall  be 
ex-off icio  president  of  the  board.  The  members  of  the  board 
of  trustees,  as  now  constitute,  shall  hold  office  until  their  respec- 
tive terms  expire  under  existing  law,  and  until  their  successors 
shall  be  elected  and  confirmed,  as  hereinafter  required.  Suc- 
cessors to  those  trustees  whose  terms  expire  in  nineteen  hundred 
and  two  shall  hold  office  until  nineteen  hundred  and  seven ;  suc- 
cessors to  those  whose  terms  expire  in  nineteen  hundred  and  four 
shall  hold  office  until  nineteen  hundred  and  eleven ;  successors  to 
those  trustees  whose  terms  expire  in  nineteen  hundred  and  six 
shall  hold  office  until  nineteen  hundred  and  fifteen;  and  there- 
after their  successors  shall  hold  office  for  a  term  of  twelve  years. 
When  the  term  of  any  member  of  such  board  shall  expire,  the 
remaining  members  of  the  board  shall,  by  secret  ballot,  elect  his 
successor,  provided,  that  any  trustee  so  elected  shall  hold  office 
from  the  date  of  his  election  until  his  confirmation  or  rejection 
by  the  Senate,  and,  if  confirmed,  until  the  expiration  of  the  term 
for  which  he  was  elected,  and  until  his  successor  is  elected.  At 
every  meeting  of  the  legislature  the  State  superintendent  of 
education  shall  certify  to  the  Senate  the  names  of  all  who  have 
been  so  elected  since  the  last  session  of  the  legislature  and  the 
Senate  shall  confirm  or  reject  them  as  it  shall  determine  for  the 


98 

best  interest  of  the  university.  If  it  rejects  the  names  of  any 
member  it  shall  thereupon  elect  trustees  in  the  stead  of  those 
rejected.  In  the  case  of  a  vacancy  on  said  board  by  death  or 
resignation  of  a  member,  or  from  any  cause  other  than  the  expi- 
ration of  his  term  of  office,  the  board  shall  elect  his  successor, 
who  shall  hold  office  until  the  next  session  of  the  legislature. 
When  the  name  of  a  successor  or  successors  elected  by  said  board 
to  fill  the  vacancy  or  vacancies  so  occasioned  shall  be  certified  by 
the  State  superintendent  of  education  to  the  Senate,  and  the  Sen- 
ate shall  confirm,  or  reject,  as  it  shall  determine  is  for  the  best 
interest  of  the  University;  and  if  confirmed  by  the  Senate,  the 
person,  or  persons  so  elected  to  fill  said  vacancy  shall  hold  office 
for  the  unexpired  term  to  which  he  is  so  elected.  If  the  Senate 
rejects  the  name  of  any  person  to  fill  said  vacancy,  it  shall  there- 
upon elect  some  person  or  persons  in  the  stead  of  those  rejected. 
No  trustee  shall  receive  any  pay  or  emolument  other  than  his 
actual  expenses  incurred  in  the  discharge  of  his  duties  as  such. 

Section  9.  Five  members  of  the  board  of  trustees,  exclusive 
of  the  ex-officio  members,  shall  constitute  a  quorum,  and  every 
member  present  shall  be  required  to  vote,  and  a  majority  of  those 
present  shall  govern.  At  their  first  meeting,  the  board  shall  elect 
one  of  their  number  president  pro  tempore,  who  shall  preside  in 
the  absence  of  the  governor,  and  shall  hold  the  position  until  the 
next  annual  or  special  meeting,  when  another  president  pro  tem- 
pore shall.be  elected. 

Section  10.  The  board  of  trustees  shall  meet  at  least  once  in 
each  year,  and  on  the  first  Wednesday  in  June,  unless  some  other 
day  is  selected  by  them,  and  they  may,  by  ordinance  or  resolu- 
tion adopted  by  them,  prescribe  other  regular  times  for. meeting. 
At  such  meeting  they  may  continue  in  session  as  long  as  they 
may  deem  proper  for  the  welfare  of  the  institution,  and  may  at 
any  session  appoint  a  special  or  adjourned  meeting.  Upon  the 
written  application  of  four  members,  or  of  any  three  members 
with  his  concurrence,  the  president  pro  tempore  shall  appoint  a 
special  meeting,  and  issue  notice  thereof  to  the  several  members ; 
but  such  special  meeting  shall  not  be  appointed  for  a  day  less 
than  twenty  days  subsequent  to  the  date  of  the  notice.  In  case 
there  is  no  president  pro  tempore  of  the  board,  or  in  case  he  is  in- 
capacitated to  act,  then  the  governor,  as  president  of  the  board, 
shall,  upon  the  written  application  of  four  members,  in  like  man- 
ner call  such  special  meeting.  Regular  meetings  of  the  board 
must  be  held  at  the  university,  but  special  or  adjourned  meetings 
may  be  held  at  the  university  or  in  the  city  of  Montgomery,  or  in 
the  city  of  Birmingham. 

Section  11.  The  proceedings  of  the  board  of  trustees  must  be 
recorded  in  a  substantially  bound  book,  which  must  be  kept  in  the 
archives  of  the  university;  and  the  board  may  at  any  meeting 


99 

employ  a  secretary.  The  certificate  of  the  president,  or  in  his 
absence,  of  the  president  pro  tempore,  countersigned  by  the  sec- 
retary, if  there  be  one,  shall  entitle  the  several  trustees  to  their 
constitutional  pay  out  of  the  treasury  of  the  university ;  and  the 
compensation  of  the  secretary  and  the  necessary  incidental  ex- 
penses of  the  board  at  each  session  shall  be  paid  on  the  order  of 
the  board,  and  the  certificate  of  the  president,  or  president  pro 
tempore,  as  the  case  may  be,  out  of  such  treasury. 

Section  12.  It  shall  be  the  duty  of  the  board  of  trustees  to 
make  to  the  legislature,  at  each  session  thereof,  a  full  report  of 
their  transactions,  and  of  the  condition  of  the  university,  embrac- 
ing an  itemized  account  of  all  receipts  and  disbursements  on  ac- 
count of  the  university  by  those  charged  with  the  administration 
of  its  finances. 

Section  13.  The  State  treasurer  must,  quarterly,  on  the  last 
day  of  December,  March,  June  and  September  of  each  year,  pay 
the  "university  fund,''  as  defined  by  section  1872  (3670)  of  the 
Code,  to  the  treasurer  or  any  authorized  agent  of  the  university ; 
and  on  the  application  of  such  treasurer  or  agent,  the  State  audi- 
tor shall  draw  his  warrant  on  the  State  treasurer  for  the  amount 
due ;  such  payments  to  commence  on  the  days  specified  after  the 
present  Constitution  becomes  operative.  Appropriations  subse- 
quently made  shall  be  paid  in  like  manner  unless  otherwise  pre- 
scribed. 

Section  14.  The  right  is  reserved  to  the  legislature  to  revise 
or  amend  the  provisions  of  this  article,  and  by  virtue  of  the  char- 
acter of  the  trust  conferred  by  the  act  of  Congress  to  intervene, 
and,  by  special  enactment,  to  direct  and  control  the  board  of 
trustees  in  the  discharge  of  their  duties  and  functions. 

Section  15.  The  justices  of  the  Supreme  Court  are  author- 
ized from  time  to  time  to  set  apart  and  turn  over  to  the  law  de- 
partment of  the  university,  copies  of  such  second  hand  or  super- 
seded law  books,  known  as  text-books,  as  they  may  deem  expedi- 
ent, the  marshal  and  librarian  taking  proper  receipts  therefor. 

Section  16.  The  secretary  of  State  shall  supply  to  such  law 
department  ten  copies  of  the  Code  of  Alabama  and  ten  copies  of 
each  volume  of  the  current  reports  of  the  Supreme  Court,  as  the 
same  may,  from  time  to  time,  be  published. 

Section  17.  The  president  of  the  university  has  authority  to 
appoint  or  employ  one  or  more  suitable  persons  to  act  as  police 
officers  to  keep  off  intruders  and  prevent  trespass  upon  and  dam- 
age to  the  property  of  the  university.  Such  person  shall  be 
charged  with  all  the  duties  and  invested  with  all  the  powers  of 
police  officers,  and  may  eject  trespassers  from  the  university 
buildings  and  grounds,  and  may,  without  warrant,  arrest  persons 
guilty  of  disorderly  conduct,  or  of  trespass  on  the  property  of  the 
institution,  and  carry  them  before  the  nearest  justice  of  the  peace 


100 

or  other  officer  charged  with  the  trial  of  such  offenders,  before 
whom,  upon  proper  affidavit  charging  the  offense,  such  person  so 
arrested  may  be  tried  and  convicted  as  in  case  of  persons  brought 
before  him  on  a  warrant;  and  such  officer  or  officers  shall  have 
authority  to  summon  a  posse  comitatus. 

Section  18.  The  board  of  trustees  of  the  University  of  Ala- 
iDama  may  sell,  lease,  or  otherwise  dispose  of,  all  or  any  part  of 
such  land  as  has  been  or  may  be  selected  under  and  by  virtue  of 
an  act  of  Congress  entitled,  **An  Act  to  increase  the  endowment 
of  the  University  of  Alabama  from  the  public  school  lands  in 
said  State,''  approved  April  23,  1884 ;  and  may  sell  lands  or  any 
interest  therein  or  part  thereof  for  such  prices  and  upon  such 
terms  as  to  them  may  seem  proper.  Such  sales  may  be  for  cash 
or  for  part  cash,  and  the  said  board  of  trustees  of  the  University 
of  Alabama  shall  not  be  limited  by  any  statute  heretofore  enacted 
as  to  what  part  of  the  purchase  price  of  such  lands  which  they 
have  heretofore  sold  or  may  hereafter  sell  shall  be  in  cash,  but 
the  per  cent  of  the  purchase  price  of  such  lands  that  may  have 
been  or  shall  be  in  cash,  shall  be  such  as  said  board  of  trustees 
of  the  University  of  Alabama  may  agree  upon  with  the  purchaser 
or  purchasers. 

Section  19.  The  board  of  trustees  of  the  University  of  Ala- 
bama may  create  an  executive  committee  consisting  of  three  or 
more  of  the  trustees  composing  the  said  board  upon  which  com- 
mittee it  may  confer  full  power  and  authority  to  lease,  sell,  and 
convey  such  lands  or  any  part  thereof,  or  any  interest  therein,  as 
fully  as  said  board  of  trustees  of  the  University  of  Alabama  could 
itself  do. 

Section  20.  All  sales,  agreements  to  sell,  leases,  and  other 
dispositions  of  such  lands,  or  any  part  thereof,  or  any  interest 
therein,  heretofore  made  or  attempted  to  be  made  by  the  board  of 
trustees  of  the  University  of  Alabama,  or  by  any  executive  com- 
mittee by  it  created,  irrespective  of  the  per  cent  of  the  purchase 
price  which  may  have  been  paid  in  cash,  are  satisfied  and  con- 
firmed, and  shall  be  binding  upon  the  board  of  trustees  as  fully 
as  if  the  same  were  made  after  the  28th  day  of  February  1907, 
and  in  cases  where  the  same  were  made  by  an  executive  commit- 
tee, as  if  the  same  were  made  by  the  board  of  trustees  of  the 
University  of  Alabama. 

Section  21.  The  corporation  styled  The  Medical  College  of 
Alabama  is  dissolved  and  the  institution  known  as  the  Medical 
College  of  Alabama  is  constituted  the  Medical  Department  of  the 
University  of  Alabama  and  shall  hereafter  be  under  the  sole 
ownership,  management  and  control  of  the  board  of  trustees  of 
the  University  of  Alabama.  All  appropriations  in  money  made 
for  the  aid  of  the  medical  college  shall  inure  to  the  benefit  of  the 
said  Medical  Department  of  the  University  of  Alabama  and  shall 


101      >  ;     ;;.  ;  ;:.':V;  ;^ 

be  paid  to  the  trustees  of  the  University  of  Alabama  for  the  use 
and  benefit  of  said  medical  department,  and  any  appropriation 
for  the  maintenance  and  equipment  of  the  graduate  school  of 
medicine  of  the  University  of  Alabama  at  Birmingham,  Alabama, 
shall  be  paid  by  the  State  treasurer  in  equal  quarterly  install- 
ments on  the  first  day  of  January,  April,  July  and  October,  to  the 
treasurer  of  the  University  of  Alabama  upon  warrants  drawn 
by  the  State  auditor  as  warrants  are  drawn  for  other  appropria- 
tions to  the  University  of  Alabama  or  to  the  board  of  trustees  of 
the  University  of  Alabama,  but  such  money  shall  be  used  exclu- 
sively for  the  graduate  school  of  medicine  of  the  University  of 
Alabama  at  Birmingham. 

ARTICLE  32.    CEMENT  LABORATORY. 

Section  1.  The  testing  laboratory  of  the  University  of  Ala- 
bama is  the  official  testing  laboratory  for  cement  and  other  ma- 
terials of  construction. 

ARTICLE  33.    SUMMER  SCHOOL. 

Section  1.  The  trustees  of  the  University  of  Alabama  may 
establish  at  that  institution  a  school  to  be  known  as  the  summer 
school  for  teachers,  at  which  during  the  summer  months  instruc- 
tion shall  be  given  in  all  the  public  school  studies  and  in  such 
other  studies  as  may  be  necessary  to  better  prepare  teachers  for 
efficient  service  in  the  public  schools  of  this  State. 

Section  2.    The  summer  school  for  teachers  at  the  University 
of  Alabama  shall  be  maintained  and  supported   by   the   annual  ' 
legislative  appropriation  for  that  specific  purpose. 

Section  3.  The  amount  of  the  annual  legislative  appropria- 
tion shall  on  the  first  day  of  July  of  each  year,  be  paid  by  the 
State  treasurer  to  the  treasurer  of  the  University  of  Alabama, 
on  warrants  drawn  by  the  State  auditor  as  warrants  are  drawn 
for  other  appropriations  to  the  University.  Appropriations  sub- 
sequently made  shall  be  paid  in  like  manner,  unless  otherwise 
prescribed.  The  trustees  of  the  University  shall  report  in  writ- 
ing to  the  Legislature  at  each  regular  session  thereof  the  manner 
in  which  the  appropriation  has  been  expended. 

Section  4.  No  matriculation  or  tuition  fee  shall  be  charged  to 
Alabama  teachers,  and  no  incidental  fee  exceeding  three  dollars 
per  session  shall  be  charged  any  Alabama  teachers. 

Section  5.  The  State  board  of  examiners  for  teachers,  upon 
written  request  of  the  director  of  the  summer  session,  shall  con- 
duct or  have  conducted,  annually,  at  the  university,  at  the  close 
of  the  summer  school  for  teachers,  an  examination  for  the  con- 
venience of  teachers  attending  that  school.    The  examination 


.102 


shall  be  equal  in  all  respects  to  the  regular  exmination  required 
by  law.  The  same  fees  shall  be  charged,  and  the  examination 
shall  be  conducted  under  the  same  rules  and  regulations. 

ARTICLE  34.    STATE  COUNCIL  OF  EDUCATION. 

Section  1.  In  order  to  co-ordinate  the  educational  efforts  of 
the  University  of  Alabama,  the  Alabama  Polytechnic  Institute, 
and  the  Alabama  Technical  Institute  &  College  for  Women,  there 
is  hereby  created  a  State  Council  of  Education  to  be  composed  of 
the  governor,  who  shall  be  chairman,  two  members  of  the  State 
board  of  education,  the  State  superintendent  of  education,  the 
president  of  the  University  of  Alabama,  the  president  of  the 
Alabama  Polytechnic  Institute,  the  president  of  the  Alabama 
Technical  Institute  and  College  for  Women,  and  one  member  of 
the  board  of  trustees  from  the  University  of  Alabama,  the  Ala- 
bama Polytechnic  Institute,  and  the  Alabama  Institute  and  Col- 
lege for  Women,  respectively.  The  members  of  the  State  Coun- 
cil of  Education  from  the  State  board  of  education  shall  be  chosen 
by  the  State  board  of  education  and  the  members  from  the 
boards  of  trustees  of  each  of  the  three  institutions  of  higher 
learning  shall  be  selected  by  the  respective  boards  of  trustees. 
The  State  superintendent  of  education  shall  be  the  secretary  of 
the  State  Council  of  Education. 

Section  2.  The  State  Council  of  Education  shall  study  the 
needs  of  higher  education  and  of  education  in  general  throughout 
the  State  and  shall  endeavor  to  encourage  the  healthful  develop- 
ment of  all  educational  agencies  and  to  allocate  wisely  among  the 
existing  agencies  the  different  portions  of  the  task  of  training  in 
so  far  as  may  not  be  inconsistent  with  the  powers  and  duties  of 
the  board  of  trustees  of  the  three  institutions  of  higher  learning 
and  of  the  State  board  of  education  as  prescribed  by  the  Consti- 
tution of  the  State  and  by  law. 

Section  3.  The  State  Council  of  Education  shall  have  author- 
ity to  associate  with  it  two  advisory  boards,  one  composed  of 
delegates  representing  the  agricultural,  commercial,  industrial, 
and  similar  organizations  of  the  State  whose  duty  it  shall  be  to 
assist  in  the  investigations  of  the  Council  and  to  enlist  the  co-op- 
eration of  the  several  agencies  in  the  improvement  of  the  eco- 
nomic condition  of  the  State,  including  the  schools;  the  second 
composed  of  representatives  of  the  Alabama  Educational  Asso- 
ciation, the  State  Association  of  Colleges,  and  similar  organiza- 
tions whose  duty  it  shall  be  to  promote  the  internal  work  of  the 
schools,  to  develop  a  wholesome  professional  spirit  and  to  pro- 
mote the  cause  of  education  within  the  ranks  of  the  profession. 

Section  4.  The  State  Council  of  Education  shall  have  author- 
ity to  make  rules  and  regulations  governing  the  time  of  meeting 


103 

and  to  take  such  other  action,  not  inconsistent  with  law,  as  may 
be  deemed  necessary  to  carry  out  the  provisions  of  this  article. 

ARTICLE  35.    ALABAMA  INSTITUTE  FOR  THE  DEAF. 

Section  1.  There  is  established  in  this  State  and  located  at 
Talladega  an  institution  for  the  education  of  the  deaf,  called  the 
Alabama  School  for  the  Deaf. 

Section  2.  The  governor,  the  State  superintendent  of  educa- 
tion, and  twelve  other  persons,  appointed  as  hereinafter  provided, 
are  made  a  body  corporated  with  the  rights  of  succession  forever, 
by  the  name  of  the  Alabama  School  for  the  Deaf ;  and  such  cor- 
poration may  acquire  and  hold  property,  real  and  personal,  by 
gift,  devise,  or  any  other  manner,  for  the  purpose  of  its  creation ; 
may  sue  and  contract ;  may  have  and  use  a  common  seal ;  break 
or  alter  the  same  at  pleasure,  and  may  have  all  the  powers  neces- 
sary and  proper  to  accomplish  the  purposes  of  this  article. 

Section  3.  Such  board  of  trustees  shall  consist  of  the  gov- 
ernor, the  State  superintendent  of  education,  and  twelve  other 
persons,  who  shall  be  appointed  by  the  governor  and  confirmed 
by  the  Senate  at  the  meeting  of  the  Legislature  next  following 
such  appointment;  and  if  any  appointment  by  the  governor  is 
rejected  by  the  Senate,  the  governor  must  again  appoint  until 
the  full  number  of  appointments  at  such  time  is  complete;  and 
in  case  of  a  vacancy  on  said  board  of  death  or  resignation  of  a 
member,  or  from  any  cause  other  than  the  expiration  of  his  term 
of  office,  the  governor  may  fill  the  vacancy  by  appointment, 
which  shall  be  good  until  the  next  meeting  of  the  Legislature, 
and  until  his  successor  is  duly  appointed  and  confirmed.  Each 
trustee  shall  hold  office  for  a  term  of  six  years.  The  board  shall 
consist  of  three  members  from  the  congressional  district  in  which 
the  school  is  located,  and  one  from  each  of  the  other  congres- 
sional districts  in  the  State.  The  three  members  from  the  dis- 
trict in  which  the  school  is  located  shall  be  appointed  from 
Talladega  county.  The  board  shall  be  divided  into  three  classes. 
The  members  from  the  first,  second,  third,  and  one  member 
from  the  fourth  district,  shall  compose  the  first  class.  The  mem- 
bers from  the  fifth,  sixth,  tenth  and  one  member  from  the  fourth 
district,  shall  compose  the  second  class.  The  members  from  the 
seventh,  eighth,  ninth,  and  one  member  from  the  fourth  district, 
shall  compose  the  third  class.  Successors  to  those  trustees  whose 
terms  expire  in  1920  shall  hold  office  until  1926;  successors  to 
those  trustees  whose  terms  expire  in  1922  shall  hold  office  until 
1928;  successors  to  those  trustees  whose  terms  expire  in  1924 
shall  hold  office  until  1930 ;  and  thereafter  their  successors  shall 
hold  office  for  a  term  of  six  years ;  and  the  members  of  the  board 
of  trustees,  as  now  constituted  and  elected,  shall  hold  office  until 


104 

their  respective  terms  expire  under  existing  law ;  and  until  their 
successors  are  appointed  and  confirmed  as  herein  required.  No 
trustees  shall  receive  any  pay  or  emolument  other  than  his  ac- 
tual expenses  incurred  in  the  discharge  of  his  duties  as  such. 
These  twelve  persons,  and  the  governor  and  the  superintendent 
of  education,  constitute  a  board  of  trustees  who  shall  have  en- 
tire management  and  control  of  such  institution. 

Section  4.  A  majority  of  such  board  may  act,  and  may  meet 
and  adjourn  from  time  to  time  as,  in  their  judgment,  the  interest 
of  the  institution  may  require.  They  must  appoint  a  secretary 
and  keep  a  complete  record  of  all  their  proceedings  in  a  well- 
bound  book;  and  they  shall  also  appoint  a  treasurer,  who  shall 
not  be  a  trustee,  who  shall  give  bond  in  such  amount  as  the  board 
may  determine,  and  with  such  duties  as  they  may  deem  suffi- 
cient, for  the  faithful  discharge  of  his  duties  as  such  treasurer ; 
and  he  and  his  sureties  shall  be  responsible  for  all  funds  which 
may  come  into  his  hands  by  virtue  of  his  office. 

Section  5.  The  treasurer  must  pay  over  such  funds  as  may 
come  into  his  hands  as  such  on  the  written  order  of  the  principal 
of  the  school,  countersigned  by  the  secretary  and  recorded  in  the 
minutes  or  records  of  the  proceedings  of  the  board,  kept  by  such 
secretary,  and  the  treasurer  shall  make  a  full  report  at  the  close 
of  the  fiscal  year,  and  oftener,  if  required  by  the  governor. 

Section  6.  The  board  must  appoint  from  their  number  a 
president,  and  they  must  also  appoint  a  principal  teacher  for 
such  institution,  who  may  nominate  to  the  board  such  other  as- 
sistants in  the  institution  as  he  may  think  necessary  for  its  suc- 
cessful management,  such  board  having  power  of  confirmation  or 
rejection.  The  board  must  fix  the  amount  of  compensation  for 
each  of  the  officers  and  teachers,  and  the  time  of  payment. 

Section  7.  The  object  of  such  school  shall  be  to  afford  the 
means  of  education  to  the  deaf  of  the  State.  All  deaf  children 
of  the  State  between  the  ages  of  seven  and  twenty-one  who  are  of 
sound  mind,  free  from  disease,  and  of  good  character,  may  be  ad- 
mitted to  the  benefits  of  this  school.  All  applicants  must  make 
satisfactory  proof  to  the  board  of  trustees  that  they  are  citizens 
of  the  State,  and  that  they  are  proper  candidates  for  admission. 
Proof  may  be  made  by  the  applicant  in  person  or  by  next  best 
friend  or  by  affidavit  of  any  person  cognizant  of  the  facts,  before 
the  probate  judge  or  notary  public.  The  length  of  time  which 
any  pupil  may  continue  in  school  shall  not  exceed  ten  years.  Pro- 
vided, however,  that  the  board  of  trustees  may  increase  the  term 
of  a  pupil  from  year  to  year  upon  recommendation  of  the  princi- 
pal, to  not  exceeding  four  additional  years,  and  no  pupil  shall  be 
retained  in  school  after  having  passed  the  age  of  twenty-five. 
No  pupil  shall  be  retained  in  school  after  it  has  been  ascertained 
that  such  pupil  has  ceased  to  make  progress  or  is  not  being  bene- 


X05 

fited.    Any  pupil  may  be  dropped  at  any  time  for  cause  by  the 
board  of  trustees. 

Section  8.  The  board  may  select  from  their  number  an  execu- 
tive committee  of  three,  subject  to  change  and  removal  by  the 
majority  of  the  board  at  any  time ;  and  such  committee  is  author- 
ized to  meet  and  transact  any  business  that  may  be  transacted  by 
a  majority  of  the  board;  and  whatever  acts  such  committee  may 
do  shall  be  considered  as  done  by  the  whole  board. 

Section  9.  The  annual  legislative  appropriation  for  the  sup- 
port and  maintenance  of  the  Alabama  School  for  the  Deaf  shall 
be  based  upon  the  number  of  pupils  enrolled  on  the  first  day  of 
January  of  each  year,  and  shall  be  drawn  quarterly  in  advance 
by  the  treasurer  of  the  board  and  disbursed  as  directed  by  the 
said  board. 

Section  10.  The  board  of  trustees  must  provide  good  and  suf- 
ficient insurance  payable  to  the  State  of  Alabama  upon  the  prop- 
erty of  the  State  and  under  their  control,  and  keep  and  maintain 
such  property  in  good  repair,  and  for  this  purpose  shall  expend 
so  much  as  may  be  necessary  of  the  annual  legislative  appropria- 
tion. 

ARTICLE  36.  ALABAMA  ACADEMY  FOR  THE  BLIND. 

Section  1.  There  is  established  in  this  State  and  located  at 
Talladega,  an  institution  for  the  education  of  the  blind,  called  the 
Alabama  School  for  the  Blind. 

Section  2.  Such  institution  is  under  the  control  and  manage- 
ment of  the  board  of  trustees  of  the  Alabama  School  for  the 
Deaf,  who  may  prescribe  rules  and  regulations  for  the  conduct 
of  the  same.  The  principal  of  the  Alabama  School  for  the  Deaf 
is  the  chief  executive  officer. 

Section  3.  The  object  of  such  school  shall  be  to  afford  means 
of  education  to  the  blind  of  the  State.  All  blind  children  of  the 
State  between  the  ages  of  seven  and  twenty-one  who  are  of 
sound  mind,  free  from  disease,  and  of  good  moral  character  may 
be  admitted  to  the  benefits  of  this  school.  All  applicants  must 
make  satisfactory  proof  to  the  board  of  trustees  that  they  are 
citizens  of  the  State,  and  that  they  are  proper  candidates  for  ad- 
mission. Proof  may  be  made  by  the  applicant  in  person,  or  by 
next  friend,  or  by  affidavit,  or  by  affidavit  of  any  person  cogni- 
zant of  the  facts,  before  a  probate  judge  or  notary  public.  The 
length  of  time  which  any  pupil  may  continue  in  school  shall  not 
exceed  ten  years;  provided  the  board  of  trustees  may  increase 
the  term  of  any  pupil  from  year  to  year,  upon  the  recommenda- 
tion of  the  principal,  not  to  exceed  four  additional  years.  And 
no  pupil  shall  be  retained  in  school  after  having  passed  the  age  of 
twenty-five.    No  pupil  shall  be  retained  in  school  after  it  has  been 


106 

ascertained  that  such  pupil  has  ceased  to  make  progress  or  is  not 
being  benefited.  Any  pupil  may  be  dropped  at  any  time  for  cause 
by  the  board  of  trustees. 

Section  4.  The  annual  legislative  appropriation  for  the  main- 
tenance and  support  of  the  Alabama  School  for  the  Blind  shall  be 
based  upon  the  number  of  pupils  enrolled  on  the  first  day  of 
January  of  each  year  and  shall  be  drawn  quarterly  in  advance  by 
the  treasurer  of  the  board  and  disbursed  as  directed  by  said 
board. 

Section  5.  All  officers  and  teacners  of  such  institutions  must 
be  appointed,  and  the  salaries  fixed  and  paid  in  like  manner  as 
the  officers  and  teachers  of  the  Alabama  School  for  the  Deaf  are 
appointed  and  their  salaries  are  fixed  and  paid. 

Section  6.  All  laws  now  in  force  or  hereafter  enacted  relat- 
ing to  the  admission  of  pupils  and  the  management  and  control 
of  the  Alabama  School  for  the  Deaf  are  applicable  to  the  Ala- 
bama School  for  the  Blind  except  so  far  as  such  laws  may  be  in- 
consistent with  the  provisions  of  this  article. 

ARTICLE  37.    ALABAMA  SCHOOL  FOR  NEGRO  DEAF 
MUTES  AND  BLIND. 

Section  1.  There  is  established  in  this  State  and  located  at 
Talladega,  an  institution  for  the  education  of  negro  deaf  and 
blind,  called  the  Alabama  School  for  Negro  Deaf  and  Blind. 

Section  2.  Such  institution  is  under  control  and  manage- 
ment of  the  board  of  trustees  of  the  Alabama  School  for  the 
Deaf,  who  may  prescribe  rules  and  regulations  for  the  conduct 
of  the  same.  The  principal  of  the  Alabama  School  for  the  Deaf 
is  the  chief  executive  ofticer. 

Section  3.  The  object  of  such  school  shall  be  to  afford  the 
means  of  education  to  the  negro  deaf  and  blind  of  the  State.  All 
negro  deaf  and  blind  children  between  the  ages  of  seven  and 
twenty-one  who  are  of  sound  mind,  free  from  disease,  and  of 
good  character  may  be  admitted  to  the  benefits  of  school.  All  ap- 
plicants must  make  satisfactory  proof  to  the  board  of  trustees 
that  they  are  citizens  of  the  State,  and  that  they  are  proper  can- 
didates for  admission.  Proof  may  be  m.ade  by  the  applicant  in 
person,  or  by  next  friend,  or  by  affidavit  of  any  person  cognizant 
of  the  facts,  before  a  probate  judge  or  notary  public.  The  length 
of  time  which  any  pupil  may  continue  in  school  shall  not  exceed 
ten  years ;  provided,  the  board  of  trustees  may  increase  the  term 
of  a  pupil  from  year  to  year  upon  the  recommendation  of  the 
principal,  to  not  exceeding  four  additonal  years.  No  pupil  shall 
be  retained  in  school  after  having  passed  the  age  of  twenty-five. 
No  pupil  shall  be  retained  in  school  after  it  has  been  ascertained 
that  such  pupil  has  ceased  to  make  progress,  or  is  not  being  bene- 


107 

fited.  Any  pupil  may  be  dropped  at  any  time  for  cause  by  the 
board  of  trustees. 

Section  4.  The  annual  legislative  appropriation  for  the  sup- 
port and  maintenance  of  the  Alabama  School  for  Negro  Deaf  and 
Blind  shall  be  based  upon  the  number  of  pupils  enrolled  on  the 
first  day  of  January  of  each  year,  and  shall  be  drawn  quarterly 
in  advance  by  the  treasurer  of  the  board  and  disbursed  as  direct- 
ed by  said  board. 

Section  5.  All  laws  now  in  force  or  hereafter  enacted  relat- 
ing to  the  admission  of  pupils  and  the  management  and  control  of 
the  Alabama  School  for  the  Deaf,  are  applicable  to  the  Alabama 
School  for  Negro  Deaf  and  Blind,  except  so  far  as  such  laws  may 
be  inconsistent  with  the  provisions  of  this  article. 

ARTICLE  38.    ALABAMA  BOYS  INDUSTRIAL  SCHOOL. 

Section  1.  There  is  established  a  reformatory  and  industrial 
school,  under  the  name  and  style  of  the  "Alabama  Boys  Indus- 
trial School"  which  is  a  body  corporate,  and,  as  such,  shall  have 
perpetual  succession,  may  sue  and  may  have  and  use  a  common 
seal,  which  it  may  change  or  alter  at  its  pleasure  and  may  ac- 
quire by  purchase,  or  by  condemnation  proceedings  in  the  pro- 
bate court  of  Jefferson  county,  in  the  name  of  the  State  of  Ala- 
bama, such  property,  real  and  personal,  as  may  be  necessary  or 
proper  for  its  purposes  and  may  have  and  exercise  all  such  pow- 
ers and  privileges  as  may  be  necessary  or  proper  for  carrying  out 
the  purposes  of  its  organization,  as  herein  declared. 

Section  2.  The  business,  property,  and  affairs  of  the  corpora- 
tion shall  be  under  the  management  and  control  of  a  board  of  di- 
rectors, which  shall  consist  of  seven  women  and  the  governor, 
the  State  superintendent  of  education,  the  commissioner  of  agri- 
culture and  industries,  and  the  attorney-general  of  the  State  who 
shall  be  ex-officio  directors.  The  women  constituting  the  first 
board  of  directors  shall  be  nominated  by  the  governor  and  con- 
firmed by  the  Senate,  and  those  thus  nominated  and  confirmed 
shall  hold,  two  for  two  years,  two  for  four  years,  and  three  for  six 
years.  Those  holding  for  these  respective  terms  to  be  designated 
by  the  governor  in  making  nominations  therefor  to  the  Senate. 
Thereafter  the  women  members  of  said  board  shall  be  elected  by 
the  continuing  members  thereof  at  the  expiration  of  their  re- 
spective terms ;  and  all  vacancies  caused  by  death,  resignation,  or 
otherwise,  shall  be  filled  by  the  board.  The  term  of  office  of  each 
member  of  the  board,  after  the  expiration  of  the  first  term,  shall 
be  for  six  years. 

Section  3.  The  board  of  directors  shall  elect  a  president, 
vice-president,  secretary,  and  treasurer,  and  such  other  officers, 
agents,  and  employees  as  to  them  shall  seem  necessary  or  expedi- 


108 

ent  whose  term  of  office  or  employment  shall  be  for  such  time  as 
the  board  may  prescribe;  and  the  board  may  remove  any  such 
officer,  agent  or  employee  at  any  time,  with  or  without  cause. 
The  board  may  also  fill  all  vacancies  occurring  in  any  such  of- 
fices. 

Section  4.  The  board  of  directors  may  make  such  by-laws, 
rules,  and  regulations  not  inconsistent  with  the  law^s  of  this  State, 
as  shall  be  necessary  or  expedient  for  the  government  and  man- 
agement of  said  institution,  and  of  its  officers,  agents  and  em- 
ployees, with  power  to  alter,  modify,  change  or  repeal  the  same. 
Section  5.  The  board  shall  meet  annually  at  such  time  and 
at  such  place  as  may  be  prescribed  by  the  by-laws;  and  special 
meetings  may  be  held  at  the  call  of  the  president,  or  of  the  gov- 
ernor or  of  a  majority  of  the  women  directors,  upon  such  notice 
as  may  be  prescribed  by  the  by-laws. 

Section  6.  Said  school  shall  receive,  care,  and  provide  for  the 
welfare  of  white  boys  between  the  ages  of  six  and  eighteen  who 
by  their  course  of  conduct  or  surroundings,  are  likely  to  become 
base  or  criminal  or  hurtful  to  the  State  or  to  the  best  interests  of 
society  to  be  committed  to  the  keeping  of  said  school  under  the 
provisions  of  this  article,  or  who  may  be  voluntarily  committed 
to  its  keeping  by  the  parent  or  parents,  or  person  having  them 
in  charge,  or  who,  having  no  parent,  guardian,  or  other  person 
to  care  for  them,  voluntarily  commit  themselves  to  its  keeping. 
Section  7.  Any  justice  of  the  Supreme  Court,  Chancellor,, 
judge  of  probate,  circuit  judge  or  judge  of  any  city  or  criminal 
court  of  this  State  may  cause  to  be  brought  before  him,  upon  his 
own  motion  or  the  sworn  complaint  of  another,  any  white  boy 
between  the  ages  of  six  (6)  and  eighteen  (18)  years,  who  may 
come  within  any  of  the  following  descriptions,  to-wit:  Any 
white  boy  who  is  begging,  or  any  one  who  is  offering  for  sale  or 
selling  anything  as  mere  cover  for  begging;  any  who  have  been 
abandoned  by  their  parents,  or  who  have  abandoned  their  parents 
and  homes,  and  have  no  visible  means  of  support;  any  who  do 
not  attend  the  public  schools,  and  idle  away  their  time  in  the 
streets,  without  any  actual  occupation  or  means  of  support ;  any 
who  are  orphans,  and  have  no  sufficient  or  proper  guardian  to 
care  for  their  physical,  moral,  and  mental  welfare,  to  insure  the 
child  against  pauperism  and  crime ;  any  who  may  be  found  desti- 
tute, or  whose  parents  are  both  drunkards,  or  whose  mother  is  a 
drunkard,  lewd,  or  in  prison ;  and  such  child  is  not  supported  and 
controlled ;  any  who  shall  have  been  arrested  and  brought  before 
police  courts  repeatedly  for  petty  offenses,  and  shall  appear  to  be 
beyond  control  of  parents.  When  any  such  child  is  bf  ought  be- 
fore such  judge,  he  shall  proceed,  at  such  time  as  he  may  appoint, 
to  investigate  the  condition  and  surroundings  of  such  child,  and 
upon  such  investigation,  if  he  shall  be  satisfied  that  the  child 


109 

comes  within  any  one  of  said  descriptions,  and  that  it  would  be^ 
for  the  interest  of  such  child  that  he  be  committed  to  said  insti- 
tution, he  will  make  an  order  to  that  effect  and  commit  the  child 
to  said  institution,  to  be  held  and  provided  for  under  its  rules  and 
regulations.  At  any  such  investigation,  the  judge  holding  the 
same  shall  allow  one  to  appear  for  the  child  and  resist  such 
commitment ;  and  he  shall  not  make  any  such  commitment  if  the 
parent,  guardian  or  a  person  who  is  related  to  the  child  within 
the  fourth  degree,  and  sufficiently  qualified  in  his  opinion  to 
take  care  of  and  provide  for  the  child,  will  appear  and  agree  in 
writing  to  take  care  of  and  provide  for  the  child  until  he  shall  ar- 
rive at  the  age  of  sixteen  (16)  years. 

Section  8.  Any  child  brought  before  any  judge  for  such  com- 
mitment or  any  person  for  such  child,  may  within  five  days, 
appeal  from  them  the  decision  of  the  judge  committing  him,  to 
the  circuit  or  city  court  held  in  the  county  in  which  such  investi- 
gation is  had,  upon  giving  bond,  with  sufficient  sureties,  to  be 
approved  by  the  Judge,  and  in  such  sum  as  may  be  fixed  by  him, 
to  have  the  child  forthcoming  when  the  appeal  is  heard ;  and  if 
the  appeal  be  taken  by  any  person  for  the  child,  the  bond  shall 
further  provide  for  the  maintenance  of  the  child  until  said  ap- 
peal is  disposed  of.  If,  upon  the  hearing  of  the  appeal,  the  de- 
cision of  the  judge  causing  the  commitment  is  sustained,  the 
child  shall  be  committed  by  the  court  to  said  institution;  but  if 
that  decision  is  not  sustained,  the  child  shall  be  discharged.  And 
the  judge  before  whom  such  investigation  is  made,  or  to  be  made, 
may  issue  all  process  that  may  be  necessary  to  have  the  child 
brought  before  him,  or  for  committment ;  and  such  process  shall 
be  executed  by  the  sheriff  of  the  county. 

Section  9.  Any  child  committed  to  said  institution  under  the 
provisions  of  this  article  shall  be  kept  there  until  he  arrives 
at  the  age  of  twenty-one  (21)  years,  unless  sooner  dismissed 
therefrom  by  the  order  of  the  board  of  directors,  or  in  pursuance 
of  any  by-laws  of  the  institution  or  by  order  of  the  governor  of 
the  State. 

Section  10.  The  ex-officio  members  of  the  board  shall  at 
least  once  a  year  visit  the  institution  and  examine  into  its  man- 
agement and  condition;  and  at  each  session  of  the  Legislature 
they  shall  make  to  that  body  a  report  touching  the  institution  and 
its  management  and  condition. 

Section  11.  When  any  white  boy  between  the  ages  of  seven 
(7)  and  sixteen  (16)  years  shall  have  been  tried  and  convicted 
of  any  crime  punishable  by  imprisonment  in  the  penitentiary,  or 
in  jail,  or  by  hard  labor  for  the  county,  before  any  court  of  this 
State,  the  court  may,  if  of  the  opinion  that  the  interests  of  the 
child  would  thereby  be  promoted,  sentence  such  child  to  com- 


110 

mitment  to  said  school,  in  lieu  of  such  imprisonment,  or  hard 
labor  for  the  county. 

Section  12.  Said  institution  may,  in  its  discretion,  receive 
any  child  placed  in  its  care  and  keeping  by  its  parent  or  parents, 
without  the  authority  of  any  court,  and  may  keep  said  child  until 
it  is  twenty-one  (21)  years  of  age;  but  this  shall  be  done  without 
first  making  provisions  for  the  maintenance  of  said  child  under 
the  rules  and  regulations  of  said  institution. 

Section  13.  From  the  time  of  the  lawful  reception  of  any 
child  into  the  institution,  and  during  its  stay,  said  institution 
shall  have  the  exclusive  care,  custody;  and  control  of  the  child, 
under  such  rules  and  regulations  as  the  board  of  directors  may 
provide. 

Section  14.  The  officers  of  said  school  shall  receive  and  take 
into  it  all  children  committed  thereto  by  competent  authority, 
or  received  therein  as  aforesaid,  and  shall  cause  all  children  in 
the  school  to  be  instructed  in  such  branches  of  useful  knowledge 
as  may  be  suited  to  their  years  and  capacities.  The  boys  shall 
be  taught  such  useful  trades  as  the  board  may  direct,  and  they 
shall  be  taught  according  to  the  course  of  the  public  schools  of 
the  State. 

Section  15.  The  treasurer  of  the  school  shall,  before  entering 
upon  the  discharge  of  the  duties  of  office,  execute  bond,  payable 
to  the  "Alabama  Boys'  Industrial  School"  with  good  and  suf- 
ficient sureties,  and  in  such  sum  as  the  board  of  directors  may 
prescribe,  and  with  condition  to  faithfully  discharge  the  duties 
of  his  office. 

Section  16.  Any  commitment  under  this  article,  whether  by 
judge,  court,  or  parent,  or  other  person  having  in  charge  the 
child,  shall  be  full  and  sufficient,  and  competent  authority  to  the 
officer's  and  agents  of  said  school  for  the  detention  and  keeping 
therein  of  the  child  so  committed. 

Section  17.  Provision  shall  be  made  for  the  care  of  convict 
children,  separate  and  apart  from  the  other  children,  so  far  as 
the  same  can  be  done  with  the  means  at  hand. 

Section  18.  The  annual  legislative  appropriation  for  the  sup- 
port and  maintenance  of  the  Alabama  Boys'  Industrial  School 
shall  be  based  upon  an  affidavit  of  the  treasurer  or  other  execu- 
tive officer  of  said  school  made  at  the  beginning  of  each  quarter, 
showing  the  number  of  inmates  of  said  school  during  the  pre- 
ceding quarter.  The  State  auditor  is  authorized  and  directed  to 
draw  his  warrant  quarterly  on  the  State  treasurer  in  favor  of 
the  treasurer  of  the  Alabama  Boys'  Industrial  School  for  the 
payment  oY  said  amounts.  Any  special  legislative  appropriation 
for  the  purchase  of  land,  for  the  erection  and  equipment  of 
buildings,  or  for  any  other  purpose  shall  be  paid  out  under  the 
authority  of  the  board  of  directors,  and  the  State  auditor  is  au- 


Ill 

thorized  to  draw  his  warrant  on  the  State  treasurer  for  the 
amounts  of  said  appropriations  upon  requisition  of  the  Gover- 
nor. 

ARTICLE  39.  THE  ALABAMA  REFORM  SCHOOL  FOR 
JUVENILE  NEGRO  LAW  BREAKERS. 

Section  1.  The  Alabama  Reform  School  for  Juvenile  Negro 
Lawbreakers  located  at  Mt.  Meigs,  Montgomery  County,  Ala- 
bama, shall  be  governed  and  controlled  by  a  board  of  trustees 
composed  of  the  governor,  the  State  superintendent  of  educa- 
tion and  seven  other  trustees ;  five  of  whom  may  be  negro  women 
who  are  interested  in  the  proper  education  and  training  of  juve- 
nile negro  law  breakers,  to  be  appointed  by  the  governor  by  and 
with  the  advice  and  consent  of  the  senate. 

Section  2.  The  school  shall  be  a  corporation  named  and  call- 
ed The  Alabama  Reform  School  for  Juvenile  Negro  Lawbreakers, 
and  by  that  name  may  acquire  and  hold  real  and  personal  prop- 
erty, contract  and  sue,  and  have  all  other  powers  necessary  for 
conducting  such  an  educational  institution. 

Section  3.  The  school  is  established  for  the  proper  educa- 
tion and  training  of  juvenile  negro  lawbreakers,  as  may  be  law- 
fully committed  to  it.  The  course  of  instruction  in  the  school 
shall  include  a  common  school  education,. with  a  thorough  train- 
ing in  agriculture  and  industries,  and  giving  special  attention  to 
moral  training  so  as  to  make  him  a  self  respecting,  industrious 
good  citizen.  Provided,  that  no  criminal  over  the  age  of  fifteen 
(15)  years  shall  be  admitted  to  said  institution. 

Section  4.  The  board  of  trustees  accept  the  land  and  build- 
ings at  Mt.  Meigs  where  the  reformatory  is  now  located,  and 
known  as  the  "reformatory  for  negro  boys,"  under  the  manage- 
ment of  the  State  federation  of  colored  women's  clubs,  incor- 
porated under  the  laws  of  Alabama.  The  board  of  trustees  shall 
take  care  of  the  property  and  school  and  manage  and  control  it 
under  this  act.  The  term  of  office  of  two  of  the  men  and  two  of 
the  women  first  appointed  under  this  Act,  shall  expire  on  Mon- 
day after  the  second  Tuesday  in  January,  1913,  and  their  suc- 
cessors shall  hold  the  full  term  of  eight  years.  The  other  trus- 
tees appointed  under  this  act  shall  hold  office  of  trustees  until 
Monday  after  the  second  Tuesday  in  January  1915,  and  their 
successors  shall  hold  office  for  a  term  of  eight  years.  If  any 
trustee  should  die,  or  resign  the  governor  shall  appoint  a  suc- 
cessor to  hold  for  the  unexpired  term.  All  trustees  for  the  school 
shall  be  appointed  by  the  governor  by  and  with  the  consent  and 
advice  of  the  Senate. 

Section  5.  The  trustees  shall  have  the  power  to  govern  and 
control  the  school  in  all  things,  to  prescribe  the  qualifications  of 


112 

Ihe  officers  and  teachers,  fix  their  terms  of  office,  and  elect  them 
to  and  remove  them  from  office  whenever  the  good  of  the  school 
requires  it.  They  shall  have  the  power  to  require  of  any  officer 
•or  agent  of  the  school  a  bond  and  the  power  to  fix  the  penalty  and 
prescribe  the  conditions  thereof. 

Section  6.  The  authorities  of  the  school  shall  receive  every 
negro  boy  who  may  be  committed  to  it  by  an  order  or  judgment 
of  any  court  of  record  to  the  State  of  Alabama  and  support,  gov- 
ern and  teach  the  boy  until  he  shall  be  of  the  age  of  eighteen 
(18)  years  or  legally  discharged  from  the  school. 

Section  7.  Inasmuch  as  the  trustees  have  accepted  a  proper 
deed  from  the  "State  Federation  of  Colored  Women's  Clubs,"  a 
corporation,  to  twenty  (20)  acres  of  land  and  all  improvements 
situated  thereon,  the  said  trustees  are  hereby  authorized  to  buy 
such  other  lands  and  buildings  in  connection  with  said  institution 
as  they  may  deem  proper,  having  regard  to  the  healthfulness  of 
the  location,  its  surroundings,  and  accessibility  to  the  railroad; 
and  shall  have  authority  to  erect  thereupon  any  and  all  buildings 
structures  or  machinery  of  every  kind,  suitable  and  necessary 
for  the  use  and  maintenance  of  the  school. 

Section  8.  The  per  capita  appropriation  for  the  support  and 
maintenance  of  the  school  shall  be  paid  monthly  upon  the  sworn 
statement  of  the  president  of  the  school  and  approval  by  the  gov- 
ernor, out  of  the  State  treasury.  The  expenses  for  transport- 
ing any  boy  to  the  school,  mcluding  the  expenses  of  one  guard, 
shall  be  paid  out  of  the  State  treasury  upon  the  sworn  statement 
of  the  president  of  the  school  with  the  approval  of  the  governor. 

Section  9.  The  board  of  trustees  in  charge  of  said  school, 
are  hereby  given  power  and  authority  to  make  all  such  rules  and 
regulations  as  may  be  needful  for  the  successful  operation  of 
said  school  and  for  the  employment  of  all  such  guards  as  may  be 
necessary  in  the  successful  management  and  control  of  said 
school,  and  to  fix  the  salaries  to  be  paid  such  guards  and  to  limit 
the  number  thereof,  which  salaries  shall  be  paid  monthly  upon 
the  sworn  statement  of  the  president  of  the  school  and  approved 
by  the  governor,  out  of  the  State  treasury. 

Section  10.  The  earnings  and  all  other  revenue  derived  from 
whatever  source,  shall  be  delivered  to  the  board  of  trustees  and 
used  by  such  board  for  such  purpose  as  such  board  of  trustees 
may  deem  proper.  Or  such  earnings  may  at  the  discretion  of 
the  said  board  of  trustees,  be  paid  in  whole  or  in  part,  into  the 
State  treasury. 

ARTICLE  40.  SCHOOL  LANDS,  LEASE  AND  SALE. 

Section  1.  School  lands,  within  the  meaning  of  this  Code, 
are  sections  numbered  sixteen,  in  every  township  granted  by  the 


113 

United  States  for  the  use  of  schools  in  the  township,  and  such 
other  lands  as  may  have  been  granted  to  any  township  or  district 
for  the  use  of  schools ;  and  all  such  lands  are  vested  in  the  State 
in  trust  to  execute  the  objects  of  the  grant. 

Section  2.  The  State  superintendent  of  education  is  author- 
ized and  empowered  to  sell  and  dispose  of  all  school  lands  or  any 
part  of  the  timber  thereon,  together  with  those  which  have  been 
heretofore  or  may  hereafter  be  certified  to  the  State  for  the  use 
and  benefit  of  the  several  townships  or  districts  in  which  was  a 
deficiency  in  the  amount  of  land  originally  certified  to  the  State 
for  their  benefit,  subject  to  the  approval  of  the  governor. 

Section  3.  No  school  lands,  except  indemnity  lands,  shall  be 
sold  without  the  consent  of  the  inhabitants  of  the  township  or 
district  in  which  such  lands  are  located.  Said  consent  shall  be 
obtained  and  shown  by  a  petition  in  writing  addressed  to  the 
State  superintendent  of  education  requesting  and  consenting  to 
the  sale  of  such  lands  signed  by  a  majority  of  the  legally  quali- 
fied voters  of  the  township  or  district.  This  petition  must  be 
verified  by  the  affidavit  of  at  least  three  signers,  certifying 
that  a  majority  of  the  inhabitants  of  the  township  or  district  in 
which  the  lands  are  situated  desire  a  sale  thereof  and  that  the 
persons  making  and  signing  said  petition  constitute  a  majority 
of  the  qualified  electors  residing  in  said  township  or  district. 

Section  4.  If  any  purchaser  fails  to  make  the  payment  or  to 
give  his  notes  with  approved  securities,  and  secured  by  a  mort- 
gage on  the  land,  as  required,  the  land  bid  off  by  him  must  be 
immediately  resold,  if  practicable,  but  if  not  practicable  to  make 
the  resale  at  once,  it  may  be  resold  at  a  future  day,  as  if  no  sale 
had  been  made,  but  the  requirements  prescribed  in  Section  three 
(3)  of  this  article  must  be  complied  with  de  novo. 

Section  5.  The  proceeds  arising  from  such  sales,  after  the 
payment  of  all  proper  costs  and  expenses  thereof,  shall  be,  by  the 
State  superintendent  of  education,  paid  into  the  State  treasury 
to  the  credit  of  the  counties,  townships,  or  school  districts  to 
which  the  same  may  belong  in  the  proportion  of  their  interests 
therein,  so  as  to  carry  out  the  object  and  purposes  of  the  original 
grants,  gift,  or  laws  by  which  such  lands  were  acquired  for 
school  purposes,  as  nearly  as  practicable  under  the  existing 
school  laws. 

Section  6.  All  notes  taken  by  the  State  superintendent  of 
education  for  the  purchase  of  such  lands  must  be  secured  by 
mortgage  and  must  be  held  by  him  until  the  same  are  due,  and 
if  not  then  paid,  may  be  placed  with  the  Attorney-General  for 
collection. 

Section  7.  Such  sales  may  be  made  from  time  to  time,  at 
public  or  private  sale,  as  in  the  judgment  of  the  State  superin- 
tendent of  education  shall  best  promote  the  interests  of  the 


114 

school  fund  of  the  State,  and  shall  be  for  cash,  or  part  cash  and 
part  on  time,  as  the  State  superintendent  of  education  and  the 
Governor  may  deem  best ;  but  in  no  case  shall  there  be  less  than 
one-fourth  of  the  purchase  money  paid  in  cash,  and  the  remain- 
der may  be  payable  in  yearly  installments  to  extend  over  a  period 
of  not  more  than  three  years,  and  shall  be  secured  by  notes  with 
securities  and  by  mortgage  on  the  land  to  be  approved  by  the 
State  superintendent  of  education,  and  shall  bear  mterest  from 
the  date  of  sale. 

Section  8.  The  State  superintendent  of  education  may  select 
such  lots  as  he  thinks  proper,  to  reserve  from  cultivation  for  the 
benefit  of  the  timber  thereon,  and  must  mark  the  same  "reserv- 
ed" on  the  plat  thereof. 

Section  9.  The  lots  reserved  for  timber  are  for  the  common 
benefit  of  the  lessees  of  the  other  lots ;  but  no  timber  must  be  cut 
down,  injured  or  destroyed,  as  long  as  there  is  sufficient  on  the 
other  lots,  which  the  State  superintendent  of  education  is  to  de- 
termine; but  the  lessees  must  in  no  case  cut  down,  injure  or 
destroy  such  timber  without  permission  from  the  State  superin- 
tendent of  education,  which  may  be  given  on  such  terms  as  he 
may  think  proper,  having  due  regard  to  the  interest  of  the  town- 
ship or  district. 

Section  10.  Any  person  who,  without  authority  cuts  down, 
boxes,  injures  or  destroys  any  tree  on  school  lands  shall  forfeit 
and  pay  for  every  such  tree  the  sum  of  twenty-five  ($25)  dol- 
lars, to  be  recovered  before  any  court  having  jurisdiction,  in  the 
name  of  the  county  board  of  education  for  the  schools  located  in 
the  township  in  which  such  lands  are  located,  or  the  school  dis- 
trict in  which  such  lands  are  located. 

Section  11.  All  fines  and  forfeitures  uii^v^x  tne  preceding 
section  shall  be  paid  into  the  State  treasury,  and  added  to  the 
credit  of  the  permanent  sixteenth  section  fund  of  the  township. 

Section  12.  The  State  superintendent  of  education,  on  re- 
ceiving from  the  purchaser  the  cash  payment,  and  his  notes  and 
mortgages  for  the  deferred  payments,  must  give  to  him  a  certifi- 
cate of  purchase,  describing  the  lands  purchased,  and  showing 
the  number  of  acres  and  the  amount  of  purchase  money. 

Section  13.  Such  certificate  conveys  to  the  purchaser,  his 
heirs,  or  assigns,  a  conditional  estate  in  fee,  to  become  absolute 
on  the  payment  of  the  purchase  money  and  interest,  and  to  re- 
vert to  the  State  for  the  uses  originally  granted  in  the  following 
cases;  1.  When  all  the  notes  have  become  due,  and  the  makers 
have  left  the  State  or  died  insolvent.  2.  When  a  recovery  on 
such  notes  is  defeated  by  any  defense  avoiding  the  contract  of 
sale.  3.  When  a  recovery  is  had  against  all  the  makers,  and  ex- 
ecution has  been  returned  "no  property,"  by  the  proper  officer 
of  the  county  in  which  the  township  or  district  lies;  or  when 


115 

judgment  is  had  and  execution  returned  against  any  one  or  more 
of  such  makers  "no  property"  and  the  others  have  left  the  State, 
or  died  insolvent. 

Section  14.  No  proceeding  is  necessary  to  revest  the  title  in 
the  State  on  the  happening  of  the  events  specified  in  the  preced- 
ing section,  but  such  lands  may  be  recovered  in  the  name  of  the 
State,  for  the  use  of  the  township  or  district,  against  any  per- 
son in  possession  of  the  same,  upon  proof  of  the  facts ;  and  it  is 
the  duty  of  the  clerk  of  the  court  in  which  the  suit  is  pending,  or 
the  judgment  recovered,  to  certify  the  facts  to  the  State  superin- 
tendent of  education,  on  the  happening  of  the  events  specified 
in  the  second  and  third  sub-divisions  of  the  preceding  section, 
and  failing  to  do  so  within  a  reasonable  time,  he  forfeits  the  sum 
of  one  hundred  dollars;  one-half  to  the  person  suing  for  the 
same,  and  the  other  half  to  the  State  for  the  use  of  the  schools  of 
the  township  or  district.  When  no  money  is  recovered  in  suits 
on  notes  for  purchase  money  of  school  lands,  no  costs  must  be 
taxed  against  the  township  or  district  for  such  suits. 

Section  15.  The  amount  received  by  the  State  upon  recover- 
ies had  under  the  last  preceding  section  is  to  be  added  to  the 
credit  of  the  permanent  sixteenth  section  fund  of  the  township. 

Section  16.  A  patent  issues,  on  the  payment  of  the  purchase 
money,  to  the  purchaser,  his  heirs,  or  assigns,  and  when  the 
patent  is  to  the  heirs,  it  vests  a  title  in  all  persons  entitled  to 
claim  in  that  capacity  under  the  provisions  of  the  Code  of  Ala- 
bama. 

Section  17.  The  secretary  of  State  must  issue  patents,  upon 
satisfactory  evidence  furnished  him  of  full  payment  of  purchase 
money  to  any  person,  agent,  or  other  officer  legally  author ied  to 
receive  such  payment ;  and  upon  proof  of  a  mistake  in  the  issue 
of  any  patent,  he  must  correct  the  same  or  issue  a  new  patent  on 
the  return  of  the  original  to  his  office. 

Section  18.  Except  under  the  provisions  of  the  preceding 
section,  no  patent  must  issue  without  the  certificate  of  the  State 
superintendent  of  education  that  the  whole  amount  of  the  pur- 
chase money  specified  in  the  certificate,  with  all  interest  thereon, 
has  been  paid. 

Section  19.  All  notes  for  school  lands  held  by  or  deposited 
with  the  State  superintendent  of  education,  if  not  paid  within 
six  (6)  months  after  maturity,  must  be  placed  with  the  Attorney 
General  for  collection ;  but  this  section  shall  not  be  so  construed 
as  to  prevent  the  State  superintendent  of  education  from  order- 
ing suit  on  notes  at  any  time  after  maturity,  when  so  ordered  by 
the  sureties  on  the  notes. 

Section  20.  The  State  superintendent  of  education  may  ap- 
point agents  for  surveying,  mapping,  or  plotting  school  lands,  for 
estimating  the  timber  or  minerals  thereon,  and  for  the  perform- 


116 

ance  of  such  other  duties  as  may  be  assigned  them  by  the  State 
superintendent  of  education  for  the  protection  of  the  best  inter- 
ests of  the  schools,  and  for  the  collection  of  notes  for  purchase 
money  of  land,  being  responsible  for  any  neglect  on  the  part  of 
such  agents. 

Section  21.  All  collections  on  notes  given  for  the  sale  or 
lease  of  school  lands  must  be  paid  into  the  treasury  of  the  State, 
to  the  credit  of  the  proper  township  or  district. 

Section  22.  All  funds  now  in  the  State  treasury  derived 
from  the  sale  of  sixteenth  section  or  other  school  lands,  or  which 
may  hereafter  accure  from  sale  of  such  lands,  together  with  the 
redemption  money  of  other  lands  in  which  former  accumulations 
have  been  invested  under  an  act  approved  March  1,  1881,  en- 
titled, "An  Act  to  authorize  the  compromise  and  settlement  of 
claims  for  school  lands  in  this  State,"  are  covered  into  the  State 
treasury  and  made  available  for  general  purposes,  and  the  faith 
and  credit  of  the  State  is  pledged  for  the  payment  of  the  interest 
on  such  fund  to  the  public  schools  of  the  State,  at  the  rate  of  six 
per  cent  per  annum. 

Section  23.  The  State  superintendent  of  education  may, 
with  the  approval  of  the  Governor,  lease  out  all  or  any  of  the 
school  and  indemnity  lands  for  a  term  not  exceeding  five  (5) 
years,  or  may  enter  into  a  contract  or  contracts  permitting  per- 
sons to  mine  all  coal  or  other  minerals  therefrom,  or  to  take 
therefrom  oil  or  gas  or  either,  upon  a  royalty  for  a  term  not  ex- 
ceeding twenty  (20)  years;  and  the  net  proceeds  of  all  money 
received  from  the  lease  of  such  lands  or  the  royalty  for  the  min- 
eral mined  therefrom  or  the  oil  and  gas  or  either;  taken  there- 
from shall  be  paid  into  the  State  treasury  monthly  to  the  credit 
of  the  townships  to  which  such  lands  belong  in  the  proportion  of 
their  interest  therein. 

Section  24.  When  a  person  is  in  possession  of  any  sixteenth 
section  lands  under  color  of  title,  and  has  been  such  possession 
for  more  than  twenty  years  prior  to  the  first  day  of  May,  1908, 
and  neither  the  State,  nor  any  department  thereof  holds  any 
note,  bond,  obligation  or  other  contract  of  any  one  for  the  pur- 
chase money  of  such  land,  and  the  State  superintendent  of  edu- 
cation, and  the  State  auditor  shall  so  certify,  and  the  attorney 
general  shall  certify  that  proof  of  adverse  possession,  by  the  per- 
son now  in  possession,  or  coupled  with  his  predecessor  in  pos- 
session, for  20  years  prior  to  May  the  first,  1908,  under  color  of 
title,  has  been  made,  which  proof  is  satisfactory  to  the  attorney 
general,  the  Secretary  of  the  State  must  issue  a  patent,  in  the 
name  of  the  State  to  such  land,  to  the  person  entitled  thereto  un- 
der this  Act. 

Section  25.  The  governor.  State  superintendent  of  educa- 
tion, and  attorney  general  are  constituted  a  board  of  compromise 


117 

for  the  purpose  of  examining  into  the  title  or  claim  of  the  State 
to  any  sixteenth  section  or  other  school  lands  which  have  illegal- 
ly passed  out  of  the  possession  of  the  State,  or  which  have  here- 
tofore been  disposed  of  by  the  State  and  not  paid  for.  The 
board  may  take  all  action  necessary  to  recover  any  such  lands,  or 
if  deemed  best,  may  settle  and  compromise  any  conflicting  claims 
thereto  between  the  State  and  persons  claiming  the  land.  When 
any  compromise  or  settlement  is  made  the  Secretary  of  State 
shall,  upon  the  order  of  the  board  of  compromise,  issue  patents 
to  the  land  the  claims  to  which  have  been  so  compromised. 

ARTICLE  41.     BONDS  OF  OFFICIALS  AND  EMPLOYEES. 

Section  1.  All  bonds  of  officials  and  employees  required  un- 
der the  provisions  of  this  act  shall  be  executed  by  a  surety  com- 
pany authorized  to  do  business  in  Alabama  and  approved  by  the 
State  superintendent  of  education.  The  said  bonds  shall  be  fil- 
ed in  the  office  of  the  State  Department  of  Education  in  Mont- 
gomery unless  otherwise  instructed  by  the  State  board  of  educa- 
tion. 

ARTICLE  42.     TOWNSHIPS  ABOLISHED. 

Section  1.  Township  lines  for  school  purposes  are  abolish- 
ed ;  provided  the  inhabitants  of  no  township  shall  be  deprived  of 
the  sixteenth  section  or  any  fund  arising  therefrom,  or  of  sell- 
ing and  leasing  such  lands  as  provided  by  law. 

ARTICLE  43.     ALCOHOLIC  DRINKS     AND     NARCOTICS. 

Section  1.  County  and  city  boards  of  education  shall  require 
that  regular  instruction  be  given  in  all  schools  under  their  direc- 
tion as  to  the  nature  of  alcoholic  drinks,  tobacco  and  other  nar- 
cotics, and  their  effects  upon  the  human  system. 

ARTICLE  44.     PRIVATE,  DENOMINATIONAL  AND  PA- 
ROCHIAL SCHOOL  REPORTS. 

Section  1.  All  private,  denominational  and  parochial  schools 
or  institutions  of  any  kind  having  a  school  in  connection  there- 
with shall  register  annually  on  or  before  the  tenth  day  of  Octo- 
ber with  the  State  Department  of  Education  and  are  required 
to  report  on  uniform  blanks  furnished  by  the  State  Superintend- 
ent of  Education  giving  such  statistics  as  relate  to  the  number 
of  pupils,  the  number  of  instructors,  enrollment,  attendance, 
course  of  study,  length  of  term,  cost  of  tuition,  funds,  value  of 
property,  and  the  general  condition  of  the  school,  and  any  presi- 
dent or  acting  head  of  any  such  institution  mentioned  above  who 


118 

fails  to  so  register  or  to  make  the  reports  required  above  when 
called  on  shall  be  punished  by  a  fine  of  not  less  than  ten  ($10.00) 
dollars  nor  more  than  one  hundred  ($100)  dollars  for  each  and 
every  offense. 

Section  2.  All  private,  denomination,  or  parochial  schools 
offering  instruction  to  pupils  within  the  compulsory  attendance 
ages  shall  keep  all  records  and  make  all  reports  that,  may  be  re- 
quired in  any  compulsory  attendance  law  now  in  force  or  that 
may  hereafter  be  enacted  in  the  State  of  Alabama,  and  no  pupil 
attending  any  private,  denominational,. or  parochial  school  which 
fails  to  comply  with  the  requirements  of  this  act  shall  be  con- 
sidered as  meeting  the  legal  requirements  of  such  compulsory 
attendance  law. 

ARTICLE  45. 

Section  1.  Be  it  further  enacted:  That  all  laws  and  parts 
of  laws  in  conflict  with  this  act  shall  be  and  the  same  are  hereby 
repealed. 

Section  2.  Be  it  further  enacted :  That  if  any  provision  or 
provisions  of  this  act  shall  be  held  by  the  Supreme  Court  of  the 
State  to  be  unconstitutional  such  holding  shall  not  affect  any 
other  provision  of  this  act,  it  being  the  intent  and  purpose  here- 
of that  each  provision  hereof  shall  stand  or  fall  on  its  own  mer- 
its and  that  the  judicial  annullment  for  unconstitutionality  of 
any  provision  hereof  shall  have  no  effect  upon  any  other  pro- 
vision not  so  annulled. 

Section  3.  Be  it  further  enacted :  That  in  lieu  of  any  pro- 
vision of  this  act  that  shall  be  judicially  annulled  for  unconsti- 
tutionality, the  existing  law  at  the  time  of  the  adoption  of  this 
act  governing  that  subject  shall  be  and  remain  in  full  force  and 
effect  and  shall  take  the  place  of  and  be  substituted  for  the  provi- 
sion so  annulled. 

Section  4.  Be  it  further  enacted :  That  nothing  herein  con- 
tained shall  be  construed  so  as  to  make  any  appropriation  for 
the  purposes  set  forth  in  this  Act,  all  reference  to  appropriation 
and  expenditures  being  intended  to  refer  and  be  subject  to  ap- 
propriations otherwise  authorized  or  provided  by  or  under  the 
Constitution  and  Laws  of  the  State,  including  specific  appro- 
priations for  carrying  out  the  provisions  and  purposes  of  this  Act 
by  the  present  Legislature. 

Approved  September  26,  1919. 


119 

No.  704.)  (S.  309— Cowan. 

AN  ACT 

To  provide  for  the  establishment  and  maintenance  of  a  home  for  mental 
inferiors  in  Alabama;  to  define  who  are  mental  inferiors;  to  provide  for 
their  care,  treatment  and  training,  and  to  appropriate  the  money  neces- 
sary therefor  from  the  State  Treasury. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  there  is  hereby  created  and  established  up- 
on or  near  the  grounds  of  the  Bryce  Hospital,  near  Tuscaloosa, 
Alabama,  a  Home  and  School  for  mental  deficients  or  inferiors  as 
they  may  be  hereinafter  defined,  and  to  be  known  as  "The  Ala- 
bama Home.'* 

Section  2.  The  home  shall  be  managed  and  controlled  by  a 
Board  of  Managers,  composed  of  the  Governor,  who  shall  be  ex- 
officio  a  member,  the  seven  trustees  of  the  Alabama  Insane  Hos- 
pitals as  now  constituted,  and  three  other  persons,  two  of  whom 
shall  be  women.  Said  three  last  named  members  shall  be  ap- 
pointed or  elected  by  the  Board  of  Trustees  of  the  Alabama  In- 
sane Hospitals,  one  for  a  period  of  one  year,  one  for  a  period 
of  two  years  and  one  for  a  period  of  three  years  from  the  date 
of  their  election  or  appointment;  and  upon  the  expiration  of 
said  terms  of  office,  and  all  later  terms,  successors  shall  be  elect- 
ed or  appointed  by  the  Board  of  Managers  of  the  Home  for  peri- 
ods of  seven  years,  and  until  their  successors  are  elected  or  ap- 
pointed ;  all  terms  to  end  on  the  31st  day  of  December  of  the  last 
year  of  each  term. 

Section  3.  TThe  Superintendent  of  the  Alabama  Insane  Hos- 
pitals shall,  with  and  by  the  assent  and  advice  of  the  board  of 
managers  of  the  home,  appoint  a  superintendent  for  the  home. 
Such  superintendent  shall  be  responsible  for  the  management 
and  control  of  the  home  directly  to  the  superintendent  of  the  Ala- 
bama Insane  Hospitals,  and  may  be  removed  at  any  time  by  the 
superintendent  of  the  Alabama  Insane  Hospitals,  for  just  cause, 
the  same  to  be  set  forth  in  writing  and  entered  upon  the  min- 
utes of  the  proceedings  of  the  board  of  managers;  the  board  of 
managers  concurring  therein,  or  he  may  be  removed  at  any  time 
by  the  board  of  managers,  for  just  cause  set  forth  in  writing  as 
provided  next  above.  The  term  of  office  and  the  salary  of  the 
superintendent  of  the  home  shall  be  fixed  by  the  board  of  mana- 
gers, upon  the  recommendation  of  the  superintendent  of  the  Ala- 
bama Insane  Hospitals.  The  superintendent  of  the  home  must 
be  a  graduate  physician  with  experience  and  training  in  the 
specialty  of  psychiatry,  a  married  man  of  high  moral  character 
and  refinement. 

Section  4.  The  superintendent  of  the  home,  with  the  con- 
sent and  approval  of  the  superintendent  of  the  Alabama  Insane 


120 

Hospitals  shall  manage  and  conduct  all  the  affairs  of  the  home; 
appoint  all  officers  and  employees,  including  a  matron,  teachers 
and  attendants ;  fix  their  salaries  or  wages ;  direct  their  services 
and  dismiss  them  from  the  service  of  the  home  v^ith  the  advice 
and  approval  of  the  superintendent  of  the  Alabama  Insane  Hos- 
pitals. 

Section  5.  The  Board  of  Managers  shall  prescribe  rules  and 
regulations  for  the  government  of  the  home,  the  residents  therein 
and  the  officers  and  employees  thereof,  and  the  superintendent 
of  the  home  shall  be  responsible  directly  to  the  superintendent 
of  the  Alabama  Insane  Hospitals,  and  to  the  board  of  managers 
for  the  faithful  execution  of  all  such  rules  and  regulations  as 
may  be  prescribed  by  the  managers. 

Section  6.  The  following  are  declared  to  be  mental  infe- 
riors, or  deficients,  or  feeble-minded:  All  persons  of  whatever 
age,  who  are  deficient  or  inferior  to  the  extent  of  being  classed 
in  either  of  the  following  groups  of  the  feeble-minded :  that  is  to 
say,  idiots,  imbeciles,  feeble-mined  or  morons,  and  any  of  whom 
may  be  or  may  not  be,  epileptics,  but  not  violent  or  insane.  The 
terms  "feeble-minded"  and  "mental  inferior  or  deficient'*  within 
the  meaning  of  this  Act  shall  include  every  person  with  such  a 
degree  of  mental  defectiveness  from  birth,  or  from  an  early  age, 
that  he  is  unable  to  care  for  himself  and  to  manage  his  affairs 
with  ordinary  prudence,  or  that  he  is  a  menace  to  the  happiness 
or  safety  of  himself  or  of  others  in  the  community,  and  requires 
care,  supervision,  and  control  either  for  his  own  protection  or 
for  the  protection  of  others.  It  is  specifically  recognized  that 
the  greatest  danger  which  the  feeble  minded  constitute  to  the 
community  lies  in  the  frequency  of  passing  on  of  mental  defect 
from  one  generation  to  another.  Any  person  within  the  above 
named  class,  over  the  age  of  five  years,  and  a  resident  of  the 
State  of  Alabama  for  more  than  a  year,  may  be  committted  to 
the  home. 

Section  7.  Whenever  any  Resident  of  the  home  shall  become 
insane,  or  violent  or  unamanageable  the  superintendent  of  the 
Alabama  Insane  Hospitals  shall  make  an  order,  in  writing,  a 
copy  to  be  filed  with  the  superintendent  of  the  home,  and  the 
original  transmitted  to  the  proper  authorities  of  the  Alabama 
Insane  Hospitals,  transferring  such  person  to  the  proper  Insane 
Hospital,  and  such  order  shall  be  authority  for  confining  such 
person,  so  transferred,  in  the  Insane  Hospitals  just  as  though 
such  person  had  been  properly  committed  to  the  Insane  Hospi- 
tals in  the  first  instance.  So,  also,  any  person  confined  in  the 
Insane  Hospitals  found  to  be  not  insane  but  to  be  a  mental  infe- 
rior or  deficient,  as  defined  in  this  Act,  may  be  transferred  from 
the  Alabama  Insane  Hospitals  to  the  home  by  a  written  order  of 
the  superintendent  of  the  Alabama  Insane  Hospitals,  said  order 


121 

to  accompany  the  patient  to  the  home ;  a  copy  of  the  same  to  be 
filed  in  the  hospital  from  which  the  patient  is  transferred. 

Section  8.     The  relative,  guardian,  or  other  person  interested 
in  an  individual  of  the  class  herein  defined  as  mental  inferiors 
or  deficients,  or  feeble  minded,  desiring  to  commit  such  person 
to  the  home  may,  if  the  person  be  under  the  age  of  twenty-one 
years,  apply  to  the  judge  of  the  juvenile  court,  or  where  no  juve- 
nile court  exists,  to  the  Probate  Judge  of  the  county  of  such  per- 
son's residence,  and  if  over  the  age  of  twenty-one  years,  to  the 
Probate  Judge  of  the  county  of  such  person's  residence,  for  the 
committment  of  such  person  to  the  Alabama  Home;  and  upon 
such  application  such  judge  to  whom  the  application  is  made, 
shall  at  once  apply  to  the  superintendent  of  the  home,  with  de- 
scription on  a  form  prescribed  by  the  board  of  managers  of  the 
home  and  upon  being  advised  by  the  superintendent  of  the  home 
that  such  applicant  can  be  received,  if  a  proper    person,    such 
judge  shall  examine  three  persons  one  of  whom  must  be  a  prac- 
ticing physician,  who  are  acquainted  with  the  person  sought  to 
be  committed,  and  with  the  condition  of  such  person,  and  such 
judge,  if  he  is  satisfied  that  the  person  is  within  class  herein 
defined  as  mental  inferiors  or  deficients,  or  feeble-minded,  and 
is  otherwise  eligible  to  admission  into  the  home,  shall  make  an 
order  on  a  form  prescribed  by  the  board,  committing  such  per- 
son to  the  home  and  arrange  to  have  such  person  taken  to  the 
home,  at  the  expense  of  the  county  if  necessary.     The  judge  of 
the  juvenile  court  or  the  judge  of  probate  to  whom  an  applica- 
tion of  committment  is  made  shall  have  full  jurisdiction  of  the 
application  and  the  person  on  whose  behalf  the  application  is 
made,  and  shall  have  the  power  and  authority  to  commit  such 
person  to  the  home,  notwithstanding  the  family  or  relatives  may 
object  thereto ;  and  when  he  has  made  an  order  of  commitment 
and  no  member  of  the  family  or  friend  or  guardian  will  convey 
the  person  so  committed  to  the  home  his  order  of  commitment 
shall  be  delivered  to  the  sheriff  of  the  county  who  shall  at  once 
convey  such  person  to  the  home  and  deliver  him  (or  her)  to  the 
superintendent  of  the  home,  and  shall  in  all  things  obey  said 
order  of  commitment. 

Section  9.  The  committing  judge  shall  be  required  to  fur- 
nish such  data  relative  to  family  and  personal  history  of  the 
person  being  committed  as  shall  be  prescribed  by  the  board  of 
managers  in  such  form  or  forms  as  may  be  furnished  him  by 
the  superintendent  of  the  home,  and  the  superintendent  of  the 
home  may  decline  to  admit  an  applicant  for  whom  the  history 
has  not  been  satisfactorily  furnished  along  with  commitment 
paper.  The  history  is  necessary  to  secure  for  the  patient  and 
the  community  the  best  services  of  the  home.  It  is  best  furnished 
by  the  family  physician  or  a  near  relative  well  acquainted  with 


122 

the  facts  in  the  case  but  it  shall  be  the  duty  of  the  committing 
judge  to  have  the  history  sent  with  the  commitment  paper  and 
the  patient. 

Section  10.  The  superintendent  of  the  home  with  the  advice 
and  consent  of  the  superintendent  of  the  Alabama  Insane  Hos- 
pitals shall  prescribe  for  the  treatment  of  the  inmates  of  the 
home,  and  if  after  consultation  the  superintendent  of  the  home 
and  superintendent  of  the  Alabama  Insane  Hospitals  deem  it 
advisable  they  are  hereby  authorized  and  empowered  to  sterilize 
any  inmate. 

Section  11.  If  in  the  opinion  of  the  superintendent  of  the 
home,  concurred  in  by  the  superintendent  of  the  Hospitals,  it  is 
deemed  proper  to  parole  any  inmate  of  the  home,  the  superin- 
tendent of  the  home  may  grant  a  parole  to  such  inmate  for  any 
length  of  time  deemed  advisable  and  such  parole  may  be  revoked 
at  any  time  by  the  superintendent  of  the  home  when,  in  his 
judgment,  the  condition  of  such  inmate  shall  render  such  revo- 
cation advisable.  No  parole  shall  be  issued  to  any  inmate  of  the 
home  unless  the  superintendent  of  the  home  is  satisfied  that 
such  inmate  will  be  properly  cared  for  in  a  family  having  means 
to  do  so  and  wherein  such  inmate  will  find  a  proper  moral  and 
congenial  atmosphere.  The  superintendent  may  require  the 
person  applying  for  a  parole  of  an  inmate  to  sign  a  written  obli- 
gation with  sureties  to  properly  care  for  and  support  such  in- 
mate while  on  parole,  and  to  return  said  inmate  to  the  home  at 
his  own  expense  in  the  event  the  parole  is  revoked.  The  super- 
intendent of  the  home  must  not  grant  a  parole  to  any  resident  un- 
less he  is  of  the  opinion  that  it  will  not  be  detrimental  to  such 
resident  or  to  society,  and  the  superintendent  must  recall  said 
parole  whenever  he  is  satisfied  that  the  welfare  of  such  paroled 
inmate  or  of  the  community  to  which  such  inmate  is  paroled  re- 
quires it.  If  in  the  opinion  of  the  superintendent  of  the  home, 
concurred  in  by  the  superintendent  of  the  Insane  Hospitals  any 
inmate  of  the  home  is  not  a  mental  deficient  or  inferior  as  de- 
fined in  this  Act,  he  (or  she)  may  be  permanently  discharged  by 
the  superintendent  of  the  home. 

Section  12.  The  buildings  of  the  Home  at  Tuscaloosa,  Ala- 
bama shall  be  located  by  the  superintendent  of  the  Alabama  In- 
sane Hospitals  by  and  with  the  consent  and  approval  of  the  board 
of  managers,  on  the  most  eligible  site  on  the  land  around  the 
Bryce  Hospital  and  as  far  away  from  the  Hospital  buildings  as 
may  be  practical  to  supply  the  buildings  of  the  home  with  water, 
gas,  electric  current  and  coal  from  the  hospital.  And  the  board 
of  managers  is  hereby  authorized  and  empowered  to  purchase 
in  the  name  of  the  State  of  Alabama  any  additional  land  lying 
near  the  lands  of  the  Bryce  Hospitals  as  may  be  found  necessary 
for  the  proper  location  and  conduct  of  the  home. 


123 

Section  13.  The  board  of  managers  of  the  home  shall  con- 
stitute a  building  committee  with  power  to  employ  a  competent 
architect  to  prepare  plans  and  specifications  for  the  buildings 
necessary  for  the  home,  and  to  call  for  bids  for  the  erection  of 
said  buildings,  to  let  the  contract  for  such  buildings  or  to  employ 
a  qualified  contractor  to  superintend  the  erection  and  construc- 
tion of  such  buildings  under  their  supervision  and  control. 

Section  14.  The  buildings  for  the  home  shall  be  located, 
built,  and  equipped  so  as  to  facilitate  the  proper  classification  of 
residents,  according  to  age,  sex,  color  and  grade  of  deficiency  or 
inferiority ;  their  employment  and  training  in  farming  and  gard- 
ening, mechanics  or  other  useful  industries  or  occupations  and 
to  make  provisions  for  schools,  church  worship,  amusement,  and 
diversion  that  may  be  conductive  to  the  health,  happiness  and 
moral  and  mental  improvement  of  the  residents. 

Section  16.  The  Auditor  of  the  State  of  Alabama  shall 
draw  his  warrant  on  the  State  Treasurer  payable  to  the  Treas- 
urer of  the  home  on  his  order  or  requisition,  countersigned  by 
the  superintendent  of  the  home  and  approved  by  the  Governor 
for  the  fund  necessary,  and  the  sum  thus  drawn  from  the  State 
Treasurer  shall  be  used  exclusively  for  the  support  and  mainte- 
nance of  the  home  with  the  approval  of  the  superintendents  of 
the  hospitals. 

Section  17.  The  board  of  managers  may  designate  any  in- 
corporated bank  in  Tuscaloosa  as  the  depositary  of  its  funds  and 
may  contract  with  such  bank  to  perform  all  duties  of  Treasurer 
and  to  pay  interest  on  the  daily  cash  balance  to  the  credit  of  the 
home  as  the  board  of  managers  may  determine ;  or  the  board  of 
managers  may  elect  a  treasurer,  fix  the  amount  of  his  compen- 
sation, designate  the  amount  of  bond  required  of  him,  pay  for 
its  making  and  designate  the  bank  in  which  the  funds  shall  be 
deposited. 

Section  18.  Pending  the  construction  of  the  home  the  meet- 
ings of  the  board  of  managers  shall  be  held  at  the  Bryce  Hos- 
pital in  Tuscaloosa  and  as  many  meetings  may  be  held  as  is  found 
necessary.  After  the  home  has  been  constructed  and  occupied, 
the  meetings  of  the  board  of  managers  shall  be  held  at  the  home 
as  often  as  may  be  found  necessary  but  the  board  shall  always 
meet  on  the  day  that  the  Trustees  of  the  Alabama  Insane  Hos- 
pitals meet. 

Section  10.  The  Bryce  Hospital  may  supply  the  home  with 
gas,  water,  ice  and  electric  current  from  the  hospital  plant,  but 
when  so  supplied  the  home  shall  be  charged  for  the  same,  an 
amount  not  exceeding  one  per  cent  over  the  fair  cost  of  manu- 
facture and  delivery;  coal  may  also  be  supplied  the  home  from 
the  mines  of  the  Bryce  Hospital  and  charged  for  at  a  sum  not 
exceeding  the  fair  market  value  of  the  same  grade  of  coal  in  the 


124 

coal  markets  of  the  State.  Until  the  gardens  of  the  home  yield 
enough  vegetables  for  the  purpose  of  the  home,  such  vegetables 
as  may  be  spared  from  the  Hospitals  gardens  shall  be  supplied 
to  the  home  at  prices  to  be  fixed  by  the  superintendent  of  the 
hospitals  not  to  exceed  the  market  price  of  such  vegetables  in 
Tuscaloosa.  As  soon  as  practical  the  board  of  managers  shall 
establish  a  modern  dairy  for  the  benefit  of  the  home. 

Section  20.  Whenever  the  superintendent  of  the  hospitals  is 
informed  that  there  is  a  person  confined  in  a  poor  house,  jail, 
an  orphanage  or  a  boarding  school  in  the  State  of  Alabama  who 
should  be  a  resident  of  the  home,  it  shall  be  his  duty  to  examine 
in  person,  or  through  the  superintendent  of  the  home,  or  by  oth- 
er proper  deputy,  every  such  person,  and  if  such  person  is  found 
to  be  a  mental  inferior  or  a  feeble-minded  person  as  herein  defin- 
ed and  otherwise  eligible  for  admission  to  the  home,  he  must 
make  an  order  transferring  such  mental  inferior  from  such  poor 
house,  orphanage,  reformatory,  or  boarding  school  to  the  home 
and  the  judge  of  probate  of  the  county,  from  which  the  defective 
person  comes  shall  provide  the  means  necessary  to  transport 
such  defective  person  to  the  home. 

Section  21.  In  order  to  accomplish  the  purpose  set  forth  and 
to  provide  the  necessary  grounds,  buildings,  furniture,  light, 
heat  and  water  connections,  sewerage  and  other  equipment,  and 
to  provide  for  the  maintenance  of  the  home  when  regularly 
opened  for  the  reception  of  inmates,  the  sum  of  fifty  thousand 
($50,000)  dollars  per  year  for  four  successive  years  is  hereby 
appropriated  out  of  the  State  Treasury  for  such  purposes,  pro- 
vided that  the  money  so  appropriated  shall  remain  in  the  State 
Treasury  until  it  is  drawn  out  on  requisition  of  the  board  of 
managers  and  on  the  approval  of  the  Governor  for  the  purpose 
of  paying  for  the  building  material,  machinery,  labor,  furniture, 
and  other  equipment,  as  it  is  actually  needed,  and  not  until  such 
material,  machinery,  labor,  furniture  and  equipment  shall  have 
been  delivered,  performed  or  done;  and  such  sums  monthly  or 
otherwise  out  of  said  appropriation  shall  be  paid  for  mainte- 
nance of  said  home  as  the  board  of  managers  may  require  with 
the  approval  of  the  Governor  from  and  after  the  time  the  home 
is  regularly  opened  for  the  reception  of  the  inmates. 

Section  22.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  Act  shall  be  and  they  are  hereby  repealed. 

Section  23.  If  any  part  of  the  section  of  this  Act  should  be 
declared  unconstitutional  such  declaration  shall  invalidate  no 
other  parts  or  sections  of  this  Act. 

Section  24.  This  Act  shall  become  effective  on  and  after 
its  passage. 

Approved  September  29,  1919. 


125 

No.  703.)  (S.  738— Carmichael. 

AN  ACT 

To  make  an  appropriation  to  the  public  schools. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  sum  of  three  hundred  fifty  thousand 
($350,000)  dollars  for  the  fiscal  year  beginning  October  1,  1919 
and  the  sum  of  five  hundred  thousand  ($500,000)  dollars  for 
each  and  every  year  thereafter  is  hereby  appropriated  out  of 
any  monies  in  the  State  treasury  not  otherwise  appropriated  to 
the  educational  fund;  provided  that  the  above  appropriations 
shall  be  placed  by  the  State  Auditor  to  the  credit  of  the  educa- 
tional funds  on  the  books  in  his  office  on  the  first  day  of  October 
of  the  respective  years  and  shall  be  apportioned  by  the  State 
superintendent  of  education  and  be  drawn  and  disbursed  as  pro- 
vided by  law. 

Section  11/2-  That  there  is  hereby  appropriated  out  of  any 
monies  in  the  State  Treasury  not  otherwise  appropriated  an  ad- 
ditional sum  of  two  hundred  thousand  ($200,000)  dollars  for  the 
fiscal  yefiY  beginning  October  1,  1920,  an  additional  sum  of  two 
hundred  fifty  thousand  ($250,000)  dollars  for  the  fiscal  year 
beginning  October  1,  1921,  and  an  additional  sum  of  three  hun- 
dred fifty  thousand  ($350,000)  dollars  for  the  year  beginning 
October  1,  1922,  to  be  released  at  the  discretion  of  the  Govern- 
or and  to  he  set  apart  and  made  available  in  the  same  manner  as 
the  funds  appropriated  under  section  1  above,  provided  that  no 
part  of  the  funds  appropriated  under  this  section  shall  be  re- 
leased after  January  1,  1923,  and  the  provisions  for  such  appro- 
priation shall  become  void  and  inoperative  from  and  after  such 
date. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  705.)  (S.  731— Carmichael. 

AN  ACT 

To  make  an  appropriation  to  the  State  Board  of  Education. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  there  is  hereby  appropriated  annually  out 
of  any  money  in  the  State  treasury  not  otherwise  appropriated 
the  sum  of  fifty  thousand  ($50,000)  dollars  or  so  much  thereof 
as  may  be  necessary  for  the  fiscal  year  beginning    October     1, 


126 

1919,  and  the  sum  of  one  hundred  thousand  ($100,000)  dollars  or 
so  much  thereof  as  may  be  necessary  for  each  and  every  year 
thereafter,  to  be  used  as  a  revolving  fund  by  the  State  Board  of 
Education,  provided  that  at  least  eighty  per  cent  (80%)  of  the 
above  appropriation,  if  used,  shall  be  expended  for  lengthening 
school  terms'  or  otherwise  bettering  conditions  in  rural  schools. 

Section  11/2-  That  there  is  hereby  appropriated  out  of  any 
monies  in  the  State  treasury  not  otherwise  appropriated  to  be 
released  in  the  discretion  of  the  governor,  the  additional  sum  of 
fifty  thousand  ($50,000)  dollars  for  the  fiscal  year  beginning 
October  1,  1919,  and  a  like  sum  for  each  and  every  year  of  the 
quadrennium  to  be  used  for  the  same  purposes  and  to  be  drawn 
in  the  same  manner  as  the  appropriation  made  under  Section 
1  above,  provided  that  no  part  of  the  funds  appropriated  under 
this  section  shall  be  released  after  January  1,  1923,  and  the  pro- 
vision for  such  appropriation  shall  become  void  and  inopera- 
tive from  and  after  such  date. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  546.)  (S.  733.~-CarmichaeL 

AN  ACT 

To  amend  Section  1780  of  the  Code  of  Alabama  of  1907. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  Section  1780  of  the  Code  of  Alabama  of 
1907  be  and  the  same  is  hereby  amended  to  read  as  follows : 

1780— CONTINGENT  FUND  FOR  DEPARTMENT  OF 
EDUCATION. — There  is  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated  the  sum  of  three 
thousand  ($3,000)  dollars  for  the  fiscal  year  beginning  October 
1,  1919,  and  the  sum  of  five  thousand  ($5,000)  dollars  for  each 
and  every  year  thereafter,  as  a  contingent  fund  for  the  State 
Department  of  Education,  and  whenever  it  shall  become  neces- 
sary to  draw  on  such  fund,  the  State  superintendent  of  education 
shall  make  requisition  upon  the  State  auditor  who  shall  draw 
his  warrant  on  the  State  treasurer  for  the  amount  for  which 
requisition  is  made. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed^ 

Approved  September  30,  1919. 


127 

No.  539.)  (S.  723— Carmichael. 

AN  ACT 

To  make  an  appropriation  for  the  benefit  of  those  counties  that  may  be  levy- 
ing and  collecting  a  special  county  school  tax  during  any  fiscal  year,  and 
to  provide  for  the  expenditure  of  the  funds  set  apart  for  any  county  by 
the  county  board  of  education. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  State  superintendent  of  education  shall 
certify  to  the  State  auditor  on  the  first  day  of  October  of  each 
year  the  several  counties  of  the  State  that  are  levying  and  col- 
lecting for  that  year  a  special  tax  for  school  purposes,  aggre- 
gating one,  two,  or  three  mills  respectively,  and  the  State  audit- 
or, upon  the  request  of  the  State  superintendent  of  education, 
shall  draw  his  warrant  for  one  thousand  ($1,000)  dollars  upon 
the  State  treasurer,  in  favor  of  the  county  treasurer  of  school 
funds  of  any  county  levying  and  collecting  a  special  tax  for 
school  purposes  of  one  mill  and  less  than  two  mills;  for  two 
"thousand  ($2,000)  dollars  in  favor  of  any  county  that  may  be 
levying  and  collecting  for  that  year  special  county  school  taxes 
aggregating  two  mills  and  less  than  three  mills;  and  for  three 
thousand  ($3,000)  dollars  for  any  county  in  the  State  that  may 
be  levying  and  collecting  for  that  year  special  county  school  tax- 
<es  aggregating  not  less  than  three  mills.  Each  county  shall  re- 
ceive the  warrant  representing  the  highest  of  the  above  amounts 
to  which  it  is  entitled,  and  no  other. 

Section  2.  That  the  funds  so  set  apart  for  any  county  shall 
he  expended  by  the  county  board  of  education  as,  in  the  opinion 
of  the  said  county  board,  will  best  promote  the  cause  of  educa- 
tion in  said  county,  and  there  is  hereby  appropriated  annually 
out  of  any  funds  in  the  State  treasury  not  otherwise  appropri- 
ated the  sum  of  one  hundred  and  ninety-eight  thousand  ($198,- 
000)  dollars,  or  so  much  thereof  as  may  be  necessary,  for  the  fis- 
cal year  beginning  October  1,  1919,  and  the  sum  of  two  hundred 
one  thousand  ($201,000)  dollars,  or  so  much  thereof  as  may  be 
necessary  for  each  and  every  year  thereafter  to  give  all  counties 
qualifying  the  amount  to  which  said  counties  may  be  entitled 
under  the  provisions  of  this  article. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


128 

No.  513.)  (S.  734— CarmichaeL 

AN  ACT 

To  make  appropriations  to  the  State  Department  of  Education. 

Be  it  eTWbcted  by  the  Legislature  of  Alabama : 

Section  1.  That  there  is  hereby  appropriated  out  of  any 
funds  in  the  State  treasury  not  otherwise  appropriated  the  sum 
of  fifteen  thousand  ($15,000)  dollars  annually  or  so  much  there- 
of as  may  be  necessary  for  the  certification  and  placement  of 
teachers  including  the  employment  of  the  necessary  profession- 
al and  clerical  help,  the  purchase  of  the  necessary  equipment  and 
supplies  and  other  necessary  expenses  incident  thereto,  and  the 
further  sum  of  fifteen  thousand  ($15,000)  dollars  or  so  much 
thereof  as  may  be  necessary  is  hereby  appropriated  annually  out 
of  any  funds  in  the  State  treasury  not  otherwise  appropriated 
for  the  training  of  teachers  in  service,  including  extension  insti- 
tute and  reading  circle  work,  the  necessary  salaries  and  expenses 
of  the  professional  and  clerical  help,  and  for  such  other  relat- 
ed purposes  as  may  be  necessary  to  make  this  Act  of  the  great- 
est benefit  to  the  schools  of  the  State ;  provided  that  all  fees  col- 
lected for  the  certification  of  teachers  and  all  enrollment  fees  in 
the  placement  division  shall  be  paid  into  the  State  Treasury. 
When  it  shall  become  necessary  to  pay  out  any  of  the  funds  ap- 
propriated under  this  Act,  the  State  Superintendent  of  Educa- 
tion shall  make  requisition  upon  the  State  Auditor  who  shall 
draw  his  warrant  upon  the  State  treasurer  for  the  amount  for 
which  requisition  is  made. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  September  26,  1919. 


No.  545.)  (S.  732— CarmichaeL 

AN  ACT 

To  make  an  appropriation  for  the  erection,  repair  and  equipment  of  rural 
schoolhouses. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  there  is  hereby  appropriated  annually  out 
of  any  monies  in  the  State  treasury  not  otherwise  appropriated 
the  sum  of  two  thousand  ($2,000)  dollars  for  each  county,  in  all 
one  hundred  thirty  four  thousand  ($134,000)  dollars,  for  the 
erection,  repair  and  equipment  of  rural  schoolhouses  in  this 
State. 


129 

Section  2.  That  the  unexpended  balance  on  October  1,  1919, 
as  shown  by  the  books,  kept  by  the  State  auditor  and  by  the 
State  superintendent  of  education  which  have  accrued  to  the 
several  counties  of  the  State  from  the  rural  schoolhouse  fund 
provided  in  section  1975  and  1993  inclusive,  of  article  31  of  the 
Code  of  Alabama  of  1907,  as  amended  by  section  8  of  an  act  ap- 
proved September  22,  1915  and  also  by  section  8  of  an  act  ap- 
proved February  17,  1919,  are  hereby  declared  to  revert  to  the 
State  treasury  and  in  lieu  thereof  an  annual  appropriation  of 
eighty-seven  thousand  five  hundred  ($87,500)  dollars  is  made 
for  each  year  of  the  quadrennium,  beginning  October  1,  1919,, 
and  ending  September  30,  1923,  out  of  any  funds  in  the  State 
treasury  not  otherwise  appropriated,  in  addition  to  the  appropri- 
ation set  out  in  section  1  of  this  article.  Out  of  the  above  ap- 
propriation of  eighty-seven  thousand  five  hundred  ($87,500) 
dollars,  the  State  superintendent  of  education  may  annually  set 
aside  such  an  amount  as  may  be  deemed  necessary  to  procure 
expert  assistants  in  the  drawing  of  plans  and  specifications,  in 
the  preparation  of  estimates  of  bills  of  material,  in  the  inspec- 
tion of  buildings,  and  for  such  other  expenses  incident  thereto 
as  are  deemed  necessary  and  he  shall  apportion  the  remainder 
equally  among  the  several  counties  of  the  State.  On  the  first 
day  of  October,  1920,  and  annually  thereafter  the  total  of  any 
unexpended  balances  remaining  to  the  credit  of  the  counties,  to- 
gether with  any  unexpended  balance  of  the  amount  set  aside  as 
provided  above,  shall  be  apportioned  equally  among  all  the  coun- 
ties of  the  State  and  the  State  superintendent  of  education  shall 
certify  such  apportionment  to  the  State  auditor. 

Section  3.  All  funds  appropriated  under  this  shall  be  drawn 
and  disbursed  as  provided  by  law. 

Section  4.  On  September  1st  of  each  year,  any  balance  of 
the  appropriation  unexpended  and  for  which  an  application  shall 
not  have  been  approved  shall  be  re-apportioned  among  the  coun- 
ties which  have  application  pending  in  excess  of  the  appropri- 
ations for  said  counties- 

Approved  September  30,  1919. 


No.  540.)  (S.  724— Carmichael. 

AN  ACT 

To  make  an  appropriation  for  the  establishment  of  libraries  in  the  rural, 
village  and  town  schools  of  Alabama. 

Be  it  enacted  by' the  Legislature  of  Alabama: 
Section  1.     That  the  sum  of  one  hundred  ($100)  dollars  for 
each  county,  in  all  sixty  seven  hundred  ($6700)  dollars,  is  hereby 


130 

appropriated  annually  out  of  any  moneys  in  the  State  treasury 
not  otherwise  appropriated  for  the  purpose  of  establishing  and 
maintaining  libraries  in  the  public  schools  of  the  State.  The 
funds  appropriated  under  this  Act  shall  be  drawn  and  disbursed 
as  provided  by  law. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
this  Act  be  and  the  same  are  hereby  repealed. 

Approved  September  29,  1919. 


No.  541.)  (S.  725— Carmichael. 

AN  ACT 

To  amend  Section  8  of  an  act  "To  provide  for  the  acceptance  of  the  benefits 
of  an  Act  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  to  provide  for  the  promotion 
of  vocational  education;  to  provide  for  the  appointment  of  a  State 
Board  of  Vocational  Education;  and  to  provide  for  the  duties  thereof; 
and  to  make  appropriations  for  vocational  education"  approved  Febru- 
ary 15,  1919. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  Section  8  of  an  Act  "To  provide  for  the  ac- 
ceptance of  benefits  of  an  Act  passed  by  the  Senate  and  House 
of  Representatives  of  the  United  States  of  America  in  Congress 
assembled  to  provide  for  the  promotion  of  vocational  education ; 
to  provide  for  the  appointment  of  a  State  Board  of  Vocational 
Educational,  and  to  provide  or  the  duties  thereof;  and  to  make 
appropriations  for  vocational  education,"  approved  February 
19,  1919,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

Section  8.  That  the  State  of  Alabama  shall  appropriate  a 
sum  of  money  available  for  each  fiscal  year  not  less  than  the 
maximum  sum  which  may  be  allotted  to  the  State  of  Alabama  for 
the  purpose  set  forth  in  the  said  Federal  Act,  and  there  is  here- 
by appropriated  out  of  any  monies  in  the  treasury  not  otherwise 
appropriated  for  the  fiscal  year  ending  September  30,  1919,  the 
sum  of  twenty-five  thousand  ($25,000)  dollars;  for  the  fiscal 
year  ending  September  30,  1920,  the  sum  of  sixty-six  thousand 
($66,000)  dollars;  for  the  fiscal  year  ending  September  30,  1921, 
the  sum  of  eighty  thousand  ($80,000)  dollars;  for  the  fiscal  year 
ending  September  30,  1922,  the  sum  of  ninety-one  thousand 
($91,000)  dollars;  for  the  fiscal  year  ending  September  30,  1923, 
the  sum  of  one  hundred  two  thousand  ($102,000)  dollars,  these 
sums  being  the  estimated  amounts  required  to  match  the  Federal 
funds  for  the  respective  years. 

Approved  September  30,  1919. 


131 

No.  547.)  (S.  722— Carmichael. 

AN  ACT 

To  make  an  appropriation  to  the  Alabama  Illiteracy  Commission  or  to  the 
State  Board  of  Education,  if  created,  for  the  removal  of  illiteracy  in 
Alabama. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  there  is  hereby  appropriated  out  of  any 
money  in  the  treasury  not  otherwise  appropriated  the  sum  of 
seven  thousand  five  hundred  dollars  ($7,500)  for  the  fiscal  year 
beginning  October  1,  1919,  and  the  sum  of  twelve  thousand  five 
hundred  dollars  ($12,500)  for  each  and  every  year  thereafter, 
for  the  use  of  the  Alabama  Illiteracy  Commission  or  of  the  State 
Board  of  Education,  if  created,  for  the  removal  of  illiteracy  in 
Alabama.  The  said  fund  shall  be  paid  out  upon  the  requisition 
of  the  State  superintendent  of  education  upon  the  State  auditor 
who  shall  issue  his  warrant  upon  the  State  treasurer  for  the 
amount  for  which  requisition  is  made. 
Approved  September  30,  1919. 


No.  532.)  (S.  730— Carmichael. 

AN  ACT 

To  make  an  appropriation  for  the  maintenance  and  supervision  of  county 
high  schools. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  in  order  to  make  provision  for  the  annual 
appropriation  of  three  thousand  ($3,000)  dollars  to  each  county 
high  school  there  is  hereby  appropriated  out  of  any  money  in  the 
State  treasury  not  otherwise  appropriated  the  sum  of  one  hun- 
dred seventy-six  thousand  ($176,000)  dollars  or  so  much  there- 
of as  may  be  necessary,  for  the  fiscal  year  1919-20,  the  sum  of 
one  hundred  eighty-five  thousand  ($185,000)  dollars,  or  so  much 
thereof  as  may  be  necessary  for  the  fiscal  year  1920-21,  the  sum 
of  one  hundred  ninety-five  thousand  ($195,000)  dollars,  or  so 
much  thereof  as  may  be  necessary,  for  the  fiscal  year  1921-22. 
the  sum  of  two  hundred  thousand  ($200,000)  dollars,  or  so  much 
thereof  as  may  be  necessary,  for  the  fiscal  year  1922-23,  provid- 
ed, that  an  amount  not  to  exceed  five  thousand  ($5,0C0)  dollars 
annually  from  each  of  the  above  appropriations  may  be  expended 
for  the  supervision  and  inspection  of  county  high  schools,  in- 
cluding the  necessary  expenses  incident  thereto.  The  funds  ap- 
propriated under  the  provisions  of  this  article  shall  be  paid  out 
upon  requisition  of  the  State  superintendent  of  education  upon 


132 

the  State  auditor  who  shall  draw  his  warrant  upon  the  State 
treasurer  for  the  amount  for  which  requisition  is  made. 
Approved  September  30,  1919. 


No.  36.)  (H.  51— Dansby. 

AN  ACT 

To  make   an  additional   appropriation  for  the  county  high  schools  of  the 
State. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  an  additional  appropriation  of  fifteen  hun- 
dred (1500.00)  dollars  is  hereby  made  annually  for  each  of  the 
county  high  schools  of  the  State,  to  be  expended  as  provided  in 
Article  24,  Section  3,  of  the  School  Code,  which  was  approved 
September  26,  1919. 

Section  2.  That  this  Act  shall  be  effective  on  the  approval 
of  the  Governor.  Provided,  that  only  one  thousand  dollars  of 
the  fifteen  hundred  dollars  hereby  appropriated  annually  shall 
be  payable  absolutely  as  and  when  provided  in  the  act ;  the  other 
five  hundred  dollars  to  be  payable  conditionally  if  and  when,  in 
the  opinion  of  the  Governor,  the  condition  of  the  treasury  is  such 
as  to  warrant  or  justify  the  payment  of  said  amount  of  five  hun- 
dred dollars. 

Approved  October  6,  1920. 


No.  533.)  (S.  729— Carmichael. 

AN  ACT 

To  change  the  name  of  each  of  the  nine  branch  district  agricultural  schools 
and  experiment  station^  and  to  make  appropriations  for  their  mainte- 
nance and  support. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  names  of  the  nine  branch  agricultural 
schools  and  experiment  stations,  located  at  Jackson,  Clark  Coun- 
ty, at  Evergreen,  Conecuh  County,  at  Abbeville,  Henry  County, 
at  Sylacauga,  Talladega  County,  at  Wetumpka,  Elmore  County, 
at  Hamilton,  Marion  County,  at  Albertville,  Marshall  County,  at 
Athens,  Limestone  County,  at  Blountsville,  Blount  County,  are 
hereby  changed  and  shall  hereafter  be  known  as  State  Secondary 
Agricultural  Schools,  and  is  hereby  appropriated  out  of  any 
money  in  the  State  treasury  not  otherwise  appropriated  for  each 
of  the  nine  schools  mentioned  above  for  the  fiscal  year  beginning 
October  1,  1919,  the  sum  of  forty-five  hundred  ($4,500)  dollars 
to  be  paid  in  equal  quarterly  installments  on  October  first,  Jan- 


133 

uary  the  first,  April  the  first,  and  July  the  first.  There  is  here- 
by appropriated  the  further  sum  of  seven  thousand  five  hundred 
($7,500)  dollars  annually  for  each  State  secondary  agricultural 
school  beginning  v^ith  the  fiscal  year  October  1,  1920,  as  pro- 
vided by  law. 

Section  2.  That  all  appropriations  made  under  this  act  shall 
be  paid  upon  requisition  of  the  State  superintendent  of  educa- 
tion upon  the  State  Auditor  v^ho  shall  draw  his  warrant  upon 
the  State  treasurer  in  favor  of  the  secretary-treasurer  of  the 
State  secondary  agricultural  schools  for  the  amount  for  which 
requisition  is  made. 

Approved  September  30,  1919. 


No.  543.)  (S.  728— Carmichael. 

AN  ACT 

To  change  the  name  of  the  Northeast  Alabama  Agricultural  and  Industrial 
Institute  at  Lineville  and  to  make  an  appropriation  for  its  maintenance 
and  support. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  name  of  the  Northeast  Alabama  Agri- 
cultural and  Industrial  Institute  at  Lineville  is  hereby  changed 
to  State  Secondary  Agricultural  School  and  the  sum  of  three 
thousand  ($3,000)  dollars  is  hereby  appropriated  out  of  any 
money  in  the  State  treasury  not  otherwise  appropriated  for  the 
maintenance  of  said  school  for  the  fiscal  year  beginning  October 
1,  1919.  There  is  hereby  appropriated  a  sum  of  seven  thousand 
five  hundred  ($7,500)  dollars  annually  for  the  maintenance  of 
the  above  school  for  the  fiscal  year  beginning  October  1,  1920, 
and  for  each  and  every  year  thereafter,  as  provided  by  law. 

Section  2.  That  all  funds  appropriated  under  the  provisions 
of  this  act  shall  be  paid  quarterly  on  requisition  of  the  State  su- 
perintendent of  education  upon  the  State  Auditor  who  shall  draw 
his  warrant  upon  the  State  treasurer  in  favor  of  the  treasurer 
of  the  school  for  the  amount  for  which  requisition  is  made. 

Approved  September  30,  1919. 


No.  709.)  (S.  737— Carmichael. 

AN  ACT 

To  make  appropriations  to  the  State  Normal  Schools  for  white  teachers 
located  at  Florence,  Jacksonville,  Livingston,  Troy,  Daphne  and  Mound- 
ville. 

Be  it  enacted  bij  the  Legislature  of  Alabama : 
Section  1.     That  for  the  support  and  maintenance  of  the 
State  Normal  Schools  for  white  teachers  located  at  Florence, 


134 

Jacksonville,  Livingston  and  Troy  there  is  hereby  appropriated 
to  each  of  said  schools  for  the  fiscal  year  beginning  Oct.  1,  1919, 
the  sum  of  twenty-five  thousand  ($25,000)  dollars;  for  the  fiscal 
year  beginning  Oct  1,  1920  the  sum  of  thirty  thousand  ($30,000) 
dollars;  for  the  fiscal  year  beginning  Oct.  1,  1921  the  sum  of 
thirty-five  thousand  ($35,000)  dollars;  and  for  the  fiscal  year 
beginning  Oct.  1,  1922  the  sum  of  forty  thousand  ($40,000)  dol- 
lars is  hereby  appropriated  for  each  school  and  a  like  sum  for 
each  and  every  year  thereafter.  For  the  maintenance  and  sup- 
port of  the  State  Normal  School  for  white  teachers  located  at 
Daphne  there  is  hereby  appropriated  the  sum  of  nine  thousand 
($9,000)  dollars  for  the  fiscal  year  beginning  Oct.  1,  1919;  the 
sum  of  nine  thousand  five  hundred  ($9,500)  dollars  for  the  fis- 
cal year  beginning  Oct.  1,  1920;  the  sum  of  ten  thousand  ($10,- 
000)  dollars  for  the  fiscal  year  beginning  Oct.  1,  1921;  the  sum 
of  fourteen  thousand  ($14,000)  dollars  for  the  fiscal  year  be- 
ginning Oct.  1,  1922,  and  a  like  sum  for  each  and  every  year 
thereafter.  For  the  maintenance  and  support  of  the  State  Nor- 
mal School  for  white  teachers  located  at  Moundville  there  is  ap- 
propriated the  sum  of  five  thousand  ($5,000)  dollars  for  the  fis- 
cal year  beginning  Oct.  1,  1919,  the  sum  of  nine  thousand  five 
hundred  ($9,500)  dollars  for  the  fiscal  year  beginning  Oct.  1, 
1920,  the  sum  of  ten  thousand  ($10,000)  dollars  for  the  fiscal 
year  beginning  Oct.  1,  1921,  the  sum  of  fourteen  thousand  ($14,^ 
000)  dollars  for  the  fiscal  year  beginning  Oct.  1,  1922  and  a  like 
sum  for  each  and  every  fiscal  year  thereafter.  Provided,  how- 
ever, that  the  State  Board  of  Education  may  discontinue  the 
said  normal  school  located  at  Moundville  or  remove  said  normal 
school  to  some  other  location.  In  the  event  said  normal  school 
at  Moundville  is  discontinued  or  removed  the  school  at  Mound- 
ville shall  become  a  county  high  school,  and  there  is  hereby  ap- 
propriated for  it  for  each  fiscal  year  after  such  removal  or  dis- 
continuance the  sum  of  three  thousand  ($3,000)  dollars  as  a 
county  high  school.  Provided  further,  that  if  said  normal  school 
is  removed  from  Moundville  and  located  at  any  other  place,  then 
said  normal  school  so  removed  and  located  shall  have  and  receive 
the  amount  herein  appropriated  for  it  at  Moundville  as  a  normal 
school  for  white  teachers. 

Section  2.  The  following  amounts  are  hereby  appropriated 
out  of  any  money  in  the  State  Treasury  not  otherwise  appro- 
priated for  the  purposes  indicated  to  the  State  Normal  Schools 
for  whites  as  follows:  to  the  State  Normal  School  at  Florence, 
the  sum  of  ninety-five  hundred  ($9,500)  for  the  removal  of  in- 
debtedness, is  hereby  appropriated  for  the  fiscal  year  beginning 
Oct.  1,  1919,  and  a  like  amount  for  each  and  every  year  of  the 
quadrennium,  or  a  total  of  thirty-eight  thousand  ($38,000)  dol- 
lars ;  to  the  State  Normal  School  at  Jacksonville  the  sum  of  three 


135 

thousand  ($3,000)  dollars  for  the  removal  of  indebtedness  is 
hereby  appropriated  for  the  fiscal  year  beginning  Oct.  1,  1919, 
and  a  like  amount  for  each  and  every  year  of  the  quadrennium 
or  a  total  of  twelve  thousand  ($12,000)  dollars;  to  the  State 
Normal  School  at  Livingston,  the  sum  of  twenty-five  hundred 
($2,500)  dollars  for  additional  land  and  building  is  hereby  ap- 
propriated for  the  fiscal  year  beginning  Oct.  1,  1919  and  a  like 
amount  for  each  and  every  year  of  the  quadrennium  or  a  total 
of  ten  thousand  ($10,000)  dollars,  for  the  State  Normal  School 
at  Troy  the  sum  of  twenty-five  hundred  ($2,500)  dollars,  for  re- 
pair of  buildings  and  for  equipment  is  hereby  appropriated  for 
the  fiscal  year  beginning  Oct.  1,  1919  and  a  like  amount  for  each 
and  every  year  of  the  quadrennium  or  a  total  of  ten  thousand 
($10,000)  dollars. 

Section  3.  That  there  is  hereby  appropriated  out  of  any 
money  in  the  treasury  not  otherwise  appropriated  the  sum  of 
thirty  thousand  ($30,000)  dollars  to  each  of  the  State  Normal 
Schools  for  whites  located  at  Florence,  Jacksonville,  Livingston, 
and  Troy,  making  a  total  of  one  hundred  twenty  thousand 
($120,000)  dollars  for  the  erection  and  equipment  of  practice 
schools  at  each  of  the  said  normal  schools,  provided  that  this  ap- 
propriation for  practice  schools  shall  become  available  for  the 
fiscal  year  beginning  Oct.  1,  1920. 

Section  4.  That  all  funds  appropriated  under  the  provisions 
of  this  Article  shall  be  paid  out  upon  requisition  of  the  State 
Superintendent  of  Education  upon  the  State  Auditor  who  shall 
draw  his  warrant  upon  the  State  Treasurer  in  favor  of  the 
treasurer  of  the  school  for  the  amount  for  which  requisition  is 
made. 

Section  5.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  520.)  (S.  736 — Carmichael. 

AN  ACT 

To  make  an  appropriation  for  the  State  Normal  School  for  colored  teachers 
located  at  Montgomery. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  for  the  support  and  maintenance  of  the 
State  Normal  School  for  colored  teachers  located  at  Montgomery 
there  is  hereby  appropriated  for  the  fiscal  year  beginning  Octo- 
ber 1,  1919,  the  sum  of  eighteen  thousand  ($18,000)  dollars  and 
the  sum  of  twenty  thousand  ($20,000)  dollars  is  hereby  appro- 
priated annually  for  each  and  every  year  thereafter. 


136 

Section  2.  That  for  the  erection  of  a  dormitory  there  is 
hereby  appropriated  out  of  any  money  in  the  State  treasury  not 
otherwise  appropriated  for  the  fiscal  year  beginning  October  1, 
1921,  the  sum  of  twenty  thousand  ($20,000)  dollars  and  a  furth- 
er sum  of  two  thousand  ($2,000)  dollars  for  other  building  pur- 
poses, provided  the  appropriation  of  two  thousand  ($2,000)  dol- 
lars for  the  proposed  building,  other  than  the  dormitory,  is  con- 
ditioned upon  the  raising  of  the  sum  of  two  thousand  ($2,000) 
dollars  and  the  depositing  of  the  same  to  the  credit  of  the  board 
of  trustees  of  the  said  school.  The  said  appropriation  shall  be 
released  upon  the  fulfillment  of  conditions  to  be  prescribed  by 
the  State  Board  of  Education,  if  created,  and  if  not,  by  the  board 
of  trustees  of  the  said  normal  school  with  the  approval  of  the 
governor. 

Section  3.  That  all  funds  appropriated  under  the  provisions 
of  this  act  shall  be  paid  out  upon  requisition  of  the  State  Super- 
intendent of  Education  upon  the  State  Auditor  who  shall  draw 
his  warrant  upon  the  State  Treasurer  in  favor  of  the  treasurer 
of  the  school  for  the  amount  for  which  requisition  is  made. 

Section  4.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  538.)  (S.  721— Carmichael. 

AN  ACT 

To  provide  for  appropriation  to  the  Alabama  School  of  Trades  and  Indus- 
tries at  Ragland. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  there  is  hereby  appropriated  out  of  any 
monies  in  the  State  treasury  not  otherwise  appropriated,  the 
sum  of  five  thousand  ($5,000)  dollars  annually  for  the  mainte- 
nance and  support  of  the  school  of  trades  and  industries  at  Rag- 
land,  the  said  appropriation  to  be  paid  quarterly  in  equal  amounts 
on  the  first  day  of  October,  January,  April  and  July. 

Section  2.  That  there  is  hereby  appropriated  out  of  any 
monies  in  the  State  treasury  not  otherwise  appropriated  the  sum 
of  thirty  thousand  ($30,000)  dollars  for  the  school  of  trades  and 
industries  at  Ragland  for  building  and  equipment,  but  the  said 
appropriation  shall  not  become  available  until  an  equal  amount 
shall  have  been  raised  and  placed  in  the  hands  of  the  treasurer 
of  the  said  school  for  the  use  of  said  school. 

Section  3.  That  the  funds  appropriated  under  this  act  shall 
be  paid  upon  requisition  of  the  State  Superintendent  of  Educa- 
tion, with  the  approval  of  the  governor,  on  the    State  Auditor 


137 

who  shall  draw  his  warrant  on  the  State  Treasurer  in  favor  of 
the  treasurer  of  the  school  of  trades  and  industries  at  Rag- 
land. 

Section  4.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  718.)  (S.  727— Carmichael. 

AN  ACT 

To  provide  for  changing  the  name  and  for  making  an  appropriation  to  the 
Huntsville  State  Normal  and  Industrial  School,  known  as  the  Agricul- 
tural and  Mechanical  College  for  Negroes. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  name  of  the  Huntsville  State  Normal 
and  Industrial  School  known  as  the  Agricultural  and  Mechanical 
College  for  Negroes  is  hereby  changed  to  Agricultural  and  Me- 
chanical Institute  for  Negroes  and  there  is  hereby  appropriated 
the  sum  of  fifteen  thousand  ($15,000)  dollars  for  the  year  be- 
ginning October  1,  1919,  and  the  sum  of  fifteen  thousand  ($15,- 
000)  dollars  for  each  and  every  year  thereafter,  to  be  paid  in 
quarterly  installments  on  October  1,  January  1,  April  1,  and 
July  1.      . 

Section  2.  That  the  funds  appropriated  under  this  act  shall 
be  paid  upon  requisition  of  the  State  Superintendent  of  Educa- 
tion upon  the  State  Auditor  who  shall  draw  his  warrant  upon 
the  State  Treasurer  in  favor  of  the  treasurer  of  the  school  for 
the  amount  for  which  requisition  is  made. 

Approved  September  29,  1919. 


No.  534.)  (S.  712— Carmichael. 

AN  ACT 

To  make  appropriations  to  the  Alabama  Girls  Technical  Institute. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.  That  there  is  hereby  appropriated  to  the  Alabama 
Girls  Technical  Institute  for  each  year  of  the  quadrennium  be- 
ginning October  1,  1919,  out  of  any  monies  in  the  State  treasury 
not  otherwise  appropriated,  the  following:  (1)  The  sum  of 
forty  five  thousand  ($45,000)  dollars  for  the  year  beginning 
October  1,  1919,  fifty  thousand  ($50,000)  dollars  for  the  year 
beginning  October  1,  1920,  fifty-five  thousand  ($55,000)  dollars 
or  the  year  beginning  October  1,  1921,  and  sixty  thousand  ($60,- 


138 

000)  dollars  for  each  year  and  every  year  thereafter,  for  main- 
tenance. (2)  Interest  at  the  rate  of  six  (6)  percent,  per  annum 
of  the  amount  of  the  fund  in  the  State  treasury  at  the  close  of 
each  quarter  arising  from  the  sale  of  lands,  amounting  to  twenty 
thousand  seven  hundred  twenty-five  ($20,725)  dollars  or  more. 
(3)  The  sum  of  four  thousand  ($4,000)  dollars  for  the  year  be- 
ginning October  1,  1920  and  for  each  year  and  every  year  there- 
after, for  the  maintenance  and  support  of  the  summer  school. 

Section  2.  That  for  the  provision  of  additional  buildings 
and  equipment  for  the  Alabama  Girls  Technical  Institute  there 
is  hereby  appropriated  for  the  year  beginning  October  1,  1920  the 
sum  of  thirty-seven  thousand,  five  hundred,  ($37,500)  dollars 
for  the  fiscal  year  beginning  October  1,  1921  and  the  like  sum 
of  thirty  seven  thousand  five  hundred  ($37,500)  is  hereby  ap- 
propriated. 

Section  3.  That  the  above  appropriations  with  the  exception 
of  the  one  for  the  summer  school  which  will  be  paid  on  July  1st. 
annually,  shall  be  paid  quarterly  on  the  first  of  October,  January, 
April  and  July  out  of  any  monies  in  the  State  treasury  not  oth- 
erwise appropriated  upon  requisition  of  the  president  of  the  in- 
stitution upon  the  State  Auditor  who  shall  draw  his  warrant  u^- 
on  the  State  treasury  for  the  amount  for  which  requisition  is 
made. 

Approved  Sept.  30,  1919. 


No.  535.)  (S.  716— CarmichaeL 

AN  ACT 

To  provide  for  making  appropriations  to  the  Alabama  Polytechnic  Institute. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  there  is  hereby  appropriated  to  the  Ala- 
bama Polytechnic  Institute  for  each  year  of  the  quadrennium 
beginning  October  1,  1919  out  of  any  monies  in  the  State  treas- 
ury not  otherwise  appropriated,  except  as  to  such  items  for  which 
the  revenue  is  specifically  provided  for  under  separate  acts,  the 
following:  (1)  In  lieu  of  the  share  of  the  proceeds  from  the 
sale  of  fertilizer  tags  heretofore  paid  to  the  Alabama  Polytechnic 
Institute  the  sum  of  forty  thousand  ($40,000)  dollars  annually. 
(2)  The  sum  of  fifteen  thousand  ($15,000)  dollars  for  the  year 
beginning  October  1,  1919  the  sum  of  twenty-five  thousand 
($25,000)  dollars  for  the  year  beginning  October  1,  1920,  the 
sum  of  thirty-five  thousand  ($35,000)  dollars  for  the  year  begin- 
ning October  1,  1921,  and  the  sum  of  forty-five  thousand  ($45,- 
000)  dollars  for  each  and  every  year  thereafter,  for  the  main- 


139 

tenance  and  support.  (3)  For  equipment,  building,  operation 
and  maintenance  in  the  animal  husbandry  department,  ten  thou- 
sand ($10,000)  dollars  for  the  year  beginning  October  1,  1919; 
ten  thousand  ($10,000)  dollars  for  the  year  beginning  October 
1,  1920;  twelve  thousand  five  hundred  ($12,500)  dollars  for  each 
and  every  year  thereafter.  (4)  For  the  operation  and  mainte- 
nance of  a  summer  school,  five  thousand  ($5,000)  dollars  for  the 
year  beginning  October  1,  1920  and  for  each  and  every  year 
thereafter.  (5)  For  investigation  in  agriculture  at  Auburn  five 
thousand  ($5,000)  dollars  for  the  year  beginnine  October  1, 
1919,  and  seven  thousand  five  hundred  ($7,500)  dollars  for  each 
and  every  year  thereafter.  (6)  For  interest  on  Endowment 
Fund,  Federal  Grant  1862  (Code  of  Alabama  1907,  Section  1910) 
this  amount  being  twenty  thousand  two  hundred  eighty  ($20,- 
280)  dollars  annually. 

Section  2.  That  there  is  hereby  appropriated  to  the  Alabama 
Polytechnic  Institute  out  of  any  monies  in  the  State  Treasury 
not  otherwise  appropriated,  for  building,  repair  and  equipment 
the  following:  (1)  For  the  fiscal  year  beginning  October  1,  1920, 
the  sum  of  sixty  two  thousand  five  hundred  ($62,500)  dollars. 
(2)  For  the  fiscal  year  beginning  October  1,  1921,  the  sum  of 
sixty  two  thousand  five  hundred  ($62,500)  dollars. 

Section  3.  That  the  above  appropriations,  with  the  excep- 
tion of  the  one  for  the  summer  school  which  will  be  paid  on  July 
1st.  annually,  shall  be  paid  quarterly  on  the  first  of  October,  Jan- 
uary, April,  and  July  out  of  any  monies  in  the  State  treasury  not 
otherwise  appropriated  upon  the  requisition  of  the  president  of 
said  Alabama  Polytechnic  Institute  upon  the  State  Auditor  who 
shall  draw  his  warrant  upon  the  State  treasurer  in  favor  of  the 
treasurer  of  the  Alabama  Polytechnic  Institute  for  the  amount 
for  which  requisition  is  made- 

Approved  September  30,  1919. 


No.  112.)  (H.  163— Andrews. 

AN  ACT 

To  make  an  appropriation  for  the  removal  of  the  outstanding  accumulated 
indebtedness  of  the  Alabama  Polytechnic  Institute. 

Be  it  STMcted  hy  the  Legislature  of  Alabmna: 
Section  1.  That  there  is  hereby  appropriated  to  the  Alabama 
Polytechnic  Institute  out  of  any  monies  in  the  State  Treasury 
not  otherwise  appropriated  for  the  removal  of  the  outstanding 
accumulated  indebtedness  of  the  Alabama  Polytechnic  Institute 
on  July  1,  1920,  the  sum  of  Sixty-Five  Thousand  Dollars,  or  so 
much  thereof  as  the  Governor  may  find  was  actually  due  and 


140 

outstanding  on  July  1,  1920,  after  a  re-examination  by  the  Exam- 
iner of  Public  Accounts. 

Section  2.  That  the  above  amount  with  the  approval  of  the 
Governor,  shall  be  paid  upon  requisition  of  the  State  Superin- 
tendent of  Education  upon  the  State  Auditor  who  shall  draw  his 
warrant  upon  the  State  treasurer  for  the  amount  for  which 
requisition  is  made. 

Section  3.  All  laws  and  parts  of  laws  in  clonflict  with  the 
provisions  of  this  be  and  the  same  are  hereby  repealed. 

Approved  October  6,  1920. 


No.  710.)  (S.  713— CarmichaeL 

AN  ACT 

To  make  appropriations  to  the  University  of  Alabama. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.  That  there  is  hereby  appropriated  annually  to 
the  University  of  Alabama  out  of  any  moneys  in  the  treasury  not 
other  wise  appropriated  the  following:  (1)  The  sum  of  thirty 
six  thousand  ($36,000)  annually  as  interest  on  the  funds  of  the 
University  of  Alabama,  heretofore  covered  into  treasury,  for 
the  maintenance  and  support  of  said  institution.  (2)  The  sum 
of  fifty  thousand  ($50,000)  dollars  for  the  fiscal  year  begin- 
ning October  1,  1919,  the  sum  of  sixty  thousand  ($60,000)  dol- 
lars for  the  fiscal  year  beginning  October  1,  1920,  the  sum  of 
seventy  thousand  ($70,000)  dollars  for  the  fiscal  year  begin- 
ning October  1,  1921  and  the  sum  of  eighty  thousand  ($80,000) 
dollars  for  the  fiscal  year  beginning  October  1-1922  to  be  added 
to  and  made  a  part  of  the  University  Fund.  (3)  The  sum  of 
five  thousand  ($5,000)  dollars  for  the  fiscal  year  beginning  Oc- 
tober 1-1919  and  the  sum  of  seven  thousand  five  hundred  ($7,- 
500)  dollars  for  each  and  every  year  thereafter  for  the  mainte- 
nance of  the  Extension  Division  of  the  University.  (4)  The 
sum  of  five  thousand  ($5,000)  dollars  for  the  fiscal  year  begin- 
ning October  1-1919  and  the  sum  of  seven  thousand  ($7,000) 
dollars  for  each  and  every  year  thereafter  for  the  maintenance 
and  support  of  the  summer  school.  (5)  The  sum  of  twenty 
thousand  ($20,000)  dollars  annually  for  the  maintenance  and 
equipment  of  the  Medical  Department  of  the  University  of  Ala- 
bama. (6)  The  sum  of  ten  thousand  ($10,000)  dollars  for  the 
fiscal  year  beginning  October  1-1920  and  for  each  and  every 
year  thereafter  for  the  maintenance  and  equipment  of  the  Grad- 
uate School  of  Medicine  of  the  University  of  Alabama  at  Birm- 
ingham. 


141 

Section  2.  That  for  the  provision  of  additional  buildings 
and  equipment  for  the  University  of  Alabama  there  is  hereby 
appropriated  for  the  fiscal  year  beginning  October  1-1920  the 
sum  of  fifty-seven  thousand  five  hundred  ($57,500)  dollars,  and 
for  the  fiscal  year  beginning  October  1,  1921,  a  like  sum  of  fifty- 
seven  thousand  five  hundred  ($57,500)  dollars  is  hereby  appro- 
priated. 

Section  3.  That  the  above  appropriations,  with  the  excep- 
tion_of  the  appropriation  for  the  summer  school,  which  shall  be 
paid  on  January  1st  annually,  shall  be  paid  quarterly  on  the  first 
day  of  October,  January,  April  and  July  out  of  any  moneys  in 
the  state  treasury  not  otherwise  appropriated,  upon  the  requi- 
sition of  the  president  of  the  University  of  Alabama  upon  the 
State  auditor  who  shall  draw  his  warrant  upon  the  State  treas- 
urer in  favor  of  the  treasurer  of  the  University  of  Alabama  for 
the  amount  for  which  requisition  is  made. 

Approved  September  29,  1919.  ' 


No.  32.)  (S.  102— Carmichael. 

AN  ACT 

To  provide  for  the  housing,  equipment  and  maintenance  of  a  mining  experi- 
ment station  at  the  University  of  Alabama,  and  to  meet  the  conditions 
of  the  Federal  Government  in  the  establishment  of  said  station  and  for 
defraying  the  cost  thereof. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
That,  whereas,  the  Federal  Bureau  of  Mines,  Department  of 
the  Interior,  has  agreed  to  establish  at  a  cost  to  the  Federal  Gov- 
ernment of  $25,000.00  per  annum,  a  Mining  Experiment  Station 
at  the  University  of  Alabama,  on  condition  that  such  station 
shall  be  properly  housed,  equipped  and  maintained  at  the  ex- 
pense of  the  State  of  Alabama,  and  whereas,  the  continuance  of 
such  Station  in  Alabama  is  dependent  on  meeting  the  conditions 
of  the  Federal  Government,  therefore.  Be  it  enacted  by  the  Leg- 
islature of  Alabama: — That  for  the  purpose  of  procuring  the 
establishment  of  such  station  in  the  State  at  the  University  of 
Alabama,  there  be  and  is  hereby  appropriated  out  of  the  funds 
in  the  treasury  not  otherwise  appropriated  the  sum  of  $25,000.- 
00  per  annum,  or  such  part  of  said  sum  as  may  be  necessary,  for 
the  purpose  of  procuring  and  maintaining  such  station.  Such 
appropriation  shall  begin  October  1,  1920  and  be  payable  to  the 
treasurer  of  the  University  of  Alabama  on  his  requisition  on  the 
State  Auditor,  drawn  from  time  to  time. 
Approved  September  30,  1920. 


142 

No.  542.)  (S.  720— Carmichael. 

AN  ACT 

To  amend  Sections  1941  and  1942  of  the  Code  of  Alabama  of  1907. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  Section  1941  and  1942  pf  Article  26  of  the 
Code  of  Alabama  of  1907  be  and  the  same  are  hereby  amended 
to  read  as  follows :  1941 — Apropriations  for  each  pupil.  For 
the  maintenance  and  support  of  the  Alabama  School  for  the  Deaf 
the  sum  of  three  hundred  ($300)  Dollars  per  pupil  is  hereby 
annually  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  such  appropriation  to  be  based  upon  the 
number  of  pupils  enrolled  upon  the  first  day  of  January  of  each 
year,  and  to  be  drawn  quarterly  in  advance  by  the  treasurer  of 
the  board,  and  disbursed  as  directed  by  the  board. 

1942. — Property  to  be  insured  and  kept  in  repair;  appro- 
priation therefor.  The  board  of  trustees  must  provide  good  and 
sufficient  insurance  payable  to  the  State  of  Alabama,  upon  the 
property  of  the  State  and  under  their  control,  and  keep  and 
maintain  such  property  in  good  repair. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  536.)  (S.  719— Carmichael. 

AN  ACT 

To  amend  Section  1946  of  the  Code  of  Alabama  of  1907. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  Section  1946  of  Article  27  of  the  Code  of 
Alabama  of  1907  be  and  the  same  is  hereby  amended  to  read  as 
follows:  1946.  For  the  maintenance  and  support  of  the  Ala- 
bama school  for  the  Blind  the  sum  of  three  hundred  ($300)  dol- 
lars per  pupil  is  annually  appropriated,  such  appropriation  to  be 
based  upon  the  number  of  pupils  enrolled  upon  the  first  day  of 
January  of  each  year,  to  be  drawn  quarterly  in  advance  by  the 
treasurer  of  the  board,  and  disbursed  as  directed  by  them. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


143 

No.  523.)  (S.  718— Carmichael. 

AN  ACT 

To  amend  Section  1952  of  the  Code  of  Alabama  of  1907. 

Bq  it  enacted  by  the  Legislature  of  AlabaTna : 

Section  1.  That  Section  '1952  of  Article  28  of  the  Code  of 
Alabama  of  1907  be  and  the  same  is  hereby  amended  to  read  as 
follows :  1952.  For  the  maintenance  and  support  of  the  Ala- 
bama School  for  Negro  Deaf  and  Blind  the  sum  of  three  hun- 
dred ($300)  dollars  per  pupil  is  hereby  appropriated,  such  ap- 
propriation to  be  based  upon  the  number  of  pupils  enrolled  upon 
the  first  day  of  January  of  each  year,  and  to  be  drawn  quarterly 
in  advance  by  the  treasurer  of  the  Board  and  disbursed  as  di- 
rected by  them. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


N.  537)  (S.  717— Carmichael. 

AN  ACT 

To  make  appropriations  to  the  Alabama  Boys  Industrial  School. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  the  sum  of  two  hundred  dollars  ($200)  per 
year  for  each  inmate  of  the  Alabama  Boys  Industrial  School  is 
hereby  appropriated  out  of  any  money  in  the  State  treasury, 
not  otherwise  appropriated  for  each  of  the  years  of  the  quad- 
rennium  beginning  October  1,  1919,  and  ending  September  30, 
1923,  and  the  State  auditor  is  hereby  authorized  and  directed  to 
draw  his  warrant  quarterly  on  the  State  treasurer  in  favor  of 
the  treasurer  of  the  Alabama  Boys  Industrial  School  for  the  pay- 
ment of  the  amounts  due  said  school,  the  same  to  be  determined 
by  affidavit  of  the  treasurer  of  said  school  at  the  beginning  of 
each  quarter  showing  the  number  of  inmates  of  said  school  dur- 
ing the  preceding  quarter. 

Section  2.  That  there  is  hereby  further  appropriated  for 
the  fiscal  year  beginning  October  1,  1920,  the  sum  of  fifty  thou- 
sand ($50,000)  dollars  for  the  purchase  of  land,  and  for  the  erec- 
tion and  equipment  of  buildings,  and  there  is  also  hereby  appro- 
priated a  like  sum  of  fifty  thousand  ($50,000)  dollars  for  the  fis- 
cal year  beginning  October  1,  1921,  the  sums  so  appropriated  for 
the  purchase  of  land  and  for  the  erection  and  equipment  of 
buildings  shall  be  paid  out  under  authority  of  the  board  of  di- 


144 

"rectors  and  the  State  auditor  is  authorized  to  draw  his  warrant 
•on  the  State  treasurer  for  the  amounts  of  the  said  appropriations 
upon  requisition  of  the  governor. 

Section  3.  That  all  laws  and  parts  of  laws  in  conflict  with 
-the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  10.)  (S.  13— Carmichael. 

AN  ACT 

To  amend  an  Act  entitled  "An  Act  to  make  appropriations  to  the  Alabama 
Boys  Industrial  School,"  approved  September  30,  1919. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

That  an  Act  entitled  "An  Act  to  make  appropriations  to  the 
Alabama  Boys  Industrial  School,"  approved  September  30, 
1919,  be  and  the  same  is  hereby  amended  so  as  to  read  as  follows : 

Section  1.  That  the  sum  of  Two  Hundred  Forty  Dollars 
($240)  per  year  for  each  inmate  of  the  Alabama  Boys  Industrial 
School  is  hereby  appropriated  out  of  any  money  in  the  State 
treasury,  not  otherwise  appropriated  for  each  of  the  years  of  the 
quadrennium  beginning  October  1,  1919,  and  ending  September 
30,  1923,  and  the  State  auditor  is  hereby  authorized  and  directed 
to  draw  his  warrant  quarterly  on  the  State  treasurer  in  favor  of 
the  treasurer  of  the  Alabama  Boys  Industrial  School  for  the  pay- 
ment of  the  amounts  due  said  school,  the  same  to  be  determined 
by  affidavit  of  the  treasurer  of  said  school  at  the  beginning  of 
each  quarter  showing  the  number  of  inmates  of  said  school  dur- 
ing the  preceding  quarter. 

Section  2.  That  there  is  hereby  further  appropriated  for  the 
fiscal  year  beginning  October  1,  1920,  the  sum  of  fifty  thousand 
($50,000)  dollars  for  the  purchase  of  land,  and  for  the  erection 
and  equipment  of  buildings,  and  there  is  also  hereby  appropri- 
ated a  like  sum  of  fifty  thousand  ($50,000)  dollars  for  the  fiscal 
year  beginning  October  1,  1921,  the  sums  so  appropriated  for 
the  purchase  of  land  and  for  the  erection  and  equipment  of 
buildings  shall  be  paid  out  under  authority  of  the  board  of  direc- 
tors and  the  State  auditor  is  authorized  to  draw  his  warrant  on 
the  State  treasurer  for  the  amounts  of  the  said  appropriations 
upon  requisition  of  the  Governor.  That  there  is  hereby  further 
appropriated  the  sum  of  twenty-five  thousand  ($25,000)  dollars 
for  the  purpose  of  furnishing  tools  and  equipment,  the  sum  so 
appropriated  for  said  purpose  to  be  paid  out  under  authority  of 
the  board  of  directors,  and  the  State  auditor  is  authorized  to 
draw  his  warrant  on  the  State  treasurer  for  the  amount  of  said 
appropriation  upon  requisition  of  the  Governor.     That  there  is 


145 

hereby  further  appropriated  the  sum  of  Twenty-six  Thousand 
Dollars  ($26,000)  for  the  purpose  of  paying  an  accumulated  def- 
icit which  has  accrued  to  date  for  maintenance,  the  sum  so 
appropriated  for  such  purpose  to  be  paid  out  under  authority  of 
the  Board  of  Directors,  and  the  State  Auditor  is  authorized  to 
draw  his  warrant  on  the  State  treasurer  for  the  amount  of  the 
said  appropriation  upon  the  requisition  of  the  Governor. 

Section  3.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  28,  1920. 


No.  554.)  (S.  726— Carmichael. 

AN  ACT 

To  amend  an  Act  entitled  an  Act  "to  create  and  establish  a  reform  school 
•  for  the  training  of  juvenile  negro  lawbreakers  at  Mt.  Meigs,  Alabama; 
to  make  appropriations  for  the  purpose,  and  accept  by  donation  all  such 
lands  and  buildings  as  are  needful  therefor;  to  create  a  board  of  trus- 
tees, and  to  provide  for  the  suitable  management  of  said  institution." 
Approved  April  24,  1911. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  Sections  8  and  9  of  an  Act  "to  create  and 
establish  a  reform  school  for  the  training  of  juvenile  negro  law 
breakers  at  Mt.  Meigs,  Alabama;  to  make  appropriations  for 
the  purpose,  and  accept  by  donation  all  such  lands  and  buildings 
as  are  needful  therefor ;  to  create  a  board  of  trustees,  and  to  pro- 
vide for  the  suitable  management  of  said  institution,"  approved 
April  24,  1911,  be  and  the  same  are  hereby  amended  to  read  as 
follows : 

Section  8.  For  the  support  and  maintenance  of  the  school 
there  is  hereby  appropriated  the  sum  of  ten  dollars  ($10)  per 
month  for  every  boy  lawfully  attending  and  being  instructed  in 
the  school,  which  shall  be  paid  monthly  upon  the  sworn  state- 
ment of  the  president  of  the  school  and  approved  by  the  Goy- 
ernor,  out  of  the  State  treasury.  The  expenses  for  transporting 
such  boy,  including  the  expenses  of  one  guard,  shall  be  paid  out 
of  the  State  treasury  upon  the  sworn  statement  of  the  president 
of  the  school  and  approved  by  the  Governor. 

Section  9.  That  the  board  of  trustees  in  charge  of  said 
school,  are  hereby  given  power  and  authority  to  make  all  such 
rules  and  regulations  as  may  be  needful  to  the  successful  opera- 
tion of  said  school  and  for  the  employment  of  all  such  guards  as 
may  be  necessary  in  the  successful  management  and  control  of 
said  school,  and  to  fix  the  salaries  to  be  paid  such  guards  and  to 
limit  the  number  thereof,  which  salaries  shall  be  paid  monthly 


146 

upon  the  sworn  statement  of  the  president  of  the  school  and 
approved  by  the  Governor,  out  of  the  State  Treasury,  and  there 
is  hereby  appropriated  annually  out  of  the  State  Treasury  the 
sum  of  three  thousand  seven  hundred  twenty  ($3,720)  dollars, 
or  so  much  thereof  as  is  needed  to  carry  out  the  provisions  of 
this  Section. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No.  548.)  (S.  715— CarmichaeL 

AN  ACT 

To  make  appropriation  for  the  maintenance  and  support  of  the  State  train- 
ing School  for  Girls,  and  for  the  erection  and  equipment  of  buildings 
and  furniture  and  equipment  therefor. 

Be  it  enacted  by  the  Legislature  of  Alabama,  as  follows,  to- 
wit: — 

Section  1.  That  there  is  hereby  appropriated  out  of  the 
treasury  of  Alabama  for  the  support  and  maintenance  of  the 
State  Training  School  for  Girls  the  sum  of  Twenty-five  ($25.00) 
Dollars  per  month  for  each  inmate  in  said  Training  School;  the 
appropriation  to  be  paid  quarterly  in  December,  March,  June 
and  September  of  each  year  following  the  passage  of  this  bill. 
And  that  the  State  Auditor  be,  and  is  hereby  authorized  and  di- 
rected, to  draw  his  warrant  on  the  treasurer  in  favor  of  the 
treasurer  of  said  State  Training  School  for  Girls  quarterly  for 
the  payment  of  the  amount  hereby  appropriated,  and  that  the 
treasurer  or  other  officer  of  said  School  shall  make  an  affidavit 
at  the  end  of  each  quarter  showing  the  number  of  inmates  in  said 
School  on  that  date,  and  the  number  so  ascertained  shall  be  the 
basis  upon  which  the  appropriation  herein  made  shall  be  calculat- 
ed and  paid. 

Section  2.  That  there  is  hereby  appropriated  out  of  the 
State  Treasury  the  sum  of  Fifty  Thousand  ($50,000.00)  Dollars 
Twenty-five  Thousand  ($25,000.00)  Dollars  to  be  available  Octo- 
ber 1st.,  1920,  and  Twenty-five  Thousand  ($25,000.00)  Dollars 
October  1st.,  1921,  to  be  expended  by  the  Board  of  Managers  of 
said  Institution  or  by  the  Board  of  Control,  as  the  Governor  may 
prescribe,  subject  to  the  approval  of  the  Governor  and  the  Attor- 
ney General,  in  erecting  on  the  property  of  said  State  Training 
School  for  Girls,  near  East  Lake,  a  part  of  Birmingham,  in  Jef- 
ferson County,  Alabama,  buildings  and  necessary  improvement 
or  enlargement  of  sewerage  plant;  and  for  new  water  storage 


147 

tank ;  and  for  the  erection  of  a  barn,  dairy  and  silo ;  farmers  and 
overseers  cottage;  iiecessary  fencing  and  farming  implements, 
and  for  enlarging  light  plant;  estimated  to  cost,  altogether,  ap- 
proximately the  sum  of  Fifty  Thousand  ($50,000.00)  Dollars. 
And  the  State  Auditor  is  hereby  authorized  and  directed  to  draw 
his  warrant  on  the  State  Treasurer,  with  the  approval  of  the 
Governor,  in  favor  of  the  treasurer  of  said  Training  School  for 
girls  for  the  payment  from  the  sum  hereby  appropriated  the 
sum  or  sums  as  they  may  be  needed  and  used,  for  carrying  out 
the  buildings  and  improvements  hereinabove  mentioned. 
Approved  September  30,  1919. 


No.  70.)    .  (S.  54— Carmichael. 

AN  ACT 

In  relation  to  the  State  Training  School  for  Girls;  to  authorize  the  removal 
and  re-location,  the  sale  or  exchange  of  the  present  property  of  the  In- 
stitute, and  the  use  of  the  proceeds  derived  from  such  disposition. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  State  Board  of  Control  and  Economy 
with  the  approval  of  the  Governor,  is  hereby  authorized  and  em- 
powered to  remove  the  State  Training  School  for  Girls,  from  its 
present  location  and  re-locate  the  same  at  such  place  as  is  best 
suited  for  such  Institution. 

Section  2.  That  the  State  Board  of  Control  and  Economy, 
with  the  approval  of  the  Governor,  may  sell  or  exchange  the 
present  property  of  the  State  Training  School  for  Girls  which  is 
known  as  the  "Matsuyama  Place"  and  is  about  eighteen  miles 
north-east  of  Birmingham,  Alabama,  and  may  make  such  sale  or 
exchange  at  such  price  and  on  such  terms  as  they  deem  best  and 
expedient. 

Section  3.  That  the  property  or  proceeds  received  from  such 
sale  or  exchange  may  be  used  by  the  State  Board  of  Control  and 
Economy,  with  the  approval  of  the  Governor,  for  the  benefit  of 
said  school  in  making  a  re-location  thereof,  and  securing  more 
adequate  buildings,  lands  and  facilities. 

Section  4.  In  the  event  of  the  sale  of  said  property  it  shall 
be  conveyed  by  patent  issued  under  seal  of  the  State,  signed  by 
the  Governor  and  attested  by  the  Secretary  of  State. 

Section  5.     This  bill  shall  take  effect  upon  approval  thereof. 

Approved  October  2,  1920. 


148 

No.  10.)  (S.  19— Cowan. 

AN  ACT 

To  appropriate  seventy-five  thousand  dollars  ($75,000.00)  to  the  State 
Training  School  for  Girls  for  the  purpose  of  constructing,  improving,  or 
repairing  houses,  buildings,  or  structures  for  the  said  Training  School 
for  Girls. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  There  is  hereby  appropriated  out  of  any  moneys 
in  the  State  Treasury  not  otherwise  expended  the  sum  of  seven- 
ty-five thousand  dollars  ($75,000.00)  to  be  expended  by  the  State 
Board  of  Control  and  Economy  for  the  benefit  of  the  State  Train- 
ing School  for  Girls,  subject  to  the  approval  of  the  Governor 
and  the  Attorney  General  of  this  State.  The  appropriation  is 
for  the  purpose  of  constructing,  erecting,  repairing,  or  improv- 
ing houses,  buildings,  or  structures  for  the  said  Training  School 
for  Girls.  The  money  hereby  appropriated  shall  be  paid  out  of 
the  State  Treasury  only  upon  the  warrant  of  the  State  Auditor, 
which  warrant  shall  be  'drawn  only  upon  the  order  or  orders  of 
the  Board  of  Managers  of  the  State  Training  School  for  Girls, 
which  shall  be  approved  by  the  Governor  and  the  Attorney  Gen- 
eral of  this  State. 

Approved  October  27,  1921. 


No.  750.)  (H.  442— Dickson. 

AN  ACT 

To  change  the  name  of  the  "Mercy  Home  Industrial  School  for  Girls,"  lo- 
cated at  Birmingham,  Alabama,  to  the  Alabama  Vocational  School  for 
Girls,  and  to  provide  appropriations  for  the  support,  maintenance  and 
improvement  of  the  same. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  name  of  the  "Mercy  Home  Industrial 
School  for  Girls,'*  located  at  Birmingham,  Alabama,  be,  and  the 
same  is,  hereby  changed  to  the  Alabama  Vocational  School  for 
Girls. 

Section  2.  Be  it  further  enacted,  that  the  sum  of  $6,320.00 
is  hereby  appropriated,  annually,  out  of  any  moneys  in  the  State 
Treasury,  for  the  support,  maintenance  and  improvement  of  the 
Alabama  Vocational  School  for  Girls,  located  at  Birmingham, 
Alabama,  beginning  July  1,  1919. 

Section  3.  Be  it  further  enacted,  that  the  State  Auditor  is 
hereby  authorized  and  directed  to  draw  his  warrants  on  the  State 
Treasury,  in  favor  of  the  Treasurer  of  the  Alabama  Vocational 
School  for  Girls,  for  the  payment,  quarterly,  in  advance,  in  each 


149 

year,  of  the  sums  hereby  appropriated  for  the  maintenance  of 
said  school. 

Section  4.  Be  it  further  enacted,  that  the  sum  of  $1893.14 
be,  and  the  same  js,  hereby  appropriated  to  the  Alabama  Voca- 
tional School  for  Girls  for  the  payment  of  its  indebtedness  to  this 
date,  the  same  to  be  paid,  immediately,  on  the  warrant  of  the 
State  Auditor,  drawn  on  the  State  Treasury,  in  the  manner 
hereinabove  provided,  for  the  maintenance  fund. 

Section  5.  Be  it  further  enacted  that  the  sum  of  $6320.00 
be  paid  annually,  as  provided  in  section  2  hereof,  is  to  be  in  lieu 
of  and  not  in  addition  to  the  sum  of  five  thousand  dollars  here- 
tofore appropriated  annually  under  existing  law. 

Approved  September  30,  1919. 


No.  531.)  (S.  735— Carmichael. 

AN  ACT 

To  make  an  appropriation  to  Tuskegee  Normal  and  Industrial  Institute. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  for  the  partial  support  and  maintenance  of 
the  Tuskegee  Normal  and  Industrial  Institute,  and  as  an  evi- 
dence of  the  good  will  of  the  State  of  Alabama  there  is  hereby 
appropriated  annually  out  of  any  money  in  the  treasury  not 
otherwise  appropriated  the  sum  of  five  thousand  ($5,000)  dol- 
lars to  the  said  Tuskegee  Normal  and  Industrial  Institute.  This 
fund  shall  be  expended  for  such  purposes  as  may  be  agreed  upon 
by  the  State  Department  of  Education  and  the  board  of  trustees 
of  the  Tuskegee  Normal  and  Industrial  Institute.  The  amount 
herein  appropriated  shall  be  paid  quarterly  upon  requisition  of 
the  State  superintendent  of  education  upon  the  State  auditor 
who  shall  draw  his  warrant  upon  the  State  treasurer  in  favor  of 
the  treasurer  of  the  Tuskegee  Normal  and  Industrial  Institute 
for  the  amount  of  such  requisition. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


No  549  )  (S.  714 — Carmichael. 

AN  ACT 

To  appropriate  the  sum  of  $7,500.00  to  supplement  a  fund  of  $15,000.00  to 
be  raised  by  the  citizens  of  Blountsville  to  rebuild  the  Ninth  District 
Agricultural  School  building,  recently  destroyed  by  fire. 


150 

Whereas,  the  Ninth  District  Agricultural  School  building,  at 
Blountsville,  Blount  county,  Alabama,  was  recently  destroyed  by 
fire,  and 

Whereas,  the  citizens  of  Blountsville  and  community  have 
raised  and  donated,  and  now  have  on  deposit  in  a  bank,  the  sum 
of  $15,000.00  to  aid  in  the  reconstruction  of  said  building.  Now 
therefore. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

1.  That  there  is  hereby  appropriated  from  any  money  in  the 
State  treasury  not  otherwise  appropriated  the  sum  of  $7,500.00 
to  supplement  a  fund  of  $15,000.00  raised  and  donated  by  the 
citizens  of  Blountsville  and  community,  Blount  county,  Alabama, 
to  aid  in  the  reconstruction  of  the  Ninth  District  Agricultural 
School  building,  recently  destroyed  by  fire. 

2.  Be  it  further  enacted,  that  the  auditor,  upon  proper  proof 
being  made  to  him  that  said  sum  of  $15,000.00  raised  by  the  citi- 
zens of  Blountsville  and  community  is  on  deposit  in  a  bank  and 
available  for  use  in  the  reconstruction  of  said  building,  and  that 
the  reconstruction  of  said  building  has  been  provided  for  by  prop- 
er contract,  is  authorized  to  draw  a  warrant  on  the  State  treas- 
urer for  said  sum  of  $7,500.00  in  favor  of,  and  payable  to  the 
trustees  of  said  Ninth  District  Agricultural  School. 

3.  Be  it  further  enacted,  that  the  appropriation  hereinbefore 
provided  for  shall  not  be  available  and  no  warrant  shall  be  drawn 
for  same  unless  Blount  county  shall  be  selected  as  a  site  for  one 
of  the  six  agricultural  schools  proposed  to  be  established  under 
the  plan  of  the  Alabama  Educational  Commission. 

Approved  Sept.  30,  1919. 


No.  528.)  (S.  532— Briscoe. 

AN  ACT 

To  authorize  the  consolidation  of  contiguous  territory  in  two  or  more  adjoin- 
ing counties  into  one  school  district;  to  provide  for  the  management  and 
control  of  the  school  or  schools  of  such  consolidated  district  to  provide 
for  the  levy  and  expenditure  of  funds  and  for  the  issuance  of  interest 
bearing  w^arrants  for  the  erection,  repair  or  equipments  of  school  build- 
ings in  such  consolidated  district;  to  provide  for  the  maintenance  and 
support  of  the  school  or  schools  in  such  consolidated  district,  and  to 
ratify  and  confirm  local  tax  elections  held  in  the  territory  consolidated 
prior  to  such  consolidation. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

1.  That  the  county  boards  of  two  or  more  adjoining  counties 
shall  have  the  power  by  resolution  spread  upon  the  minutes  of 


151 

such  county  boards  of  education  in  the  counties  so  adjoining  to 
form  a  consolidated  school  district  to  be  composed  of  the  territo- 
ry bounded  by  the  limits  set  out  for  each  county  by  the  county 
boards  of  education  in  the  aforesaid  resolution. 

2.  The  government  and  control  of  any  school  in  the  consoli- 
dated district  formed  in  accordance  with  the  resolution  of  the 
boards  shall  be  and  is  hereby  vested  in  the  county  board  of  edu- 
cation of  the  county  in  which  the  school  building  is  located  or  is 
to  be  located. 

3.  The  county  boards  of  education  of  the  counties  which  have 
formed  a  consolidated  district  in  accordance  with  the  provisions 
of  this  act,  shall  apportion  funds  to  the  school  or  schools  in  the 
consolidated  district  in  the  same  manner  as  to  any  other  district 
in  the  county,  provided  that  the  funds  apportioned  to  the  con- 
solidated district  shall  be  paid  over  to  the  treasurer  of  school 
funds  of  the  county  in  which  the  school  building  is  located  or  is 
to  be  located. 

4.  Whenever  it  becomes  necessary  to  erect,  repair,  enlarge  or 
equip  any  school  building  or  buildings  or  otherwise  improve  the 
school  facilities  in  the  district  consolidated  in  accordance  with 
the  provisions  of  this  act,  the  county  boards  of  education  in  each 
of  the  counties  concerned  shall  have  the  power  to  issue  interest 
bearing  warrants  on  any  local  tax  levy  or  levies  which  have  been 
or  may  hereafter  be  authorized  in  its  respective  county  or  in  the 
fractional  part  of  the  consolidated  school  district  lying  within  its 
respective  county  and  use  the  proceeds  from  the  sale  of  such  war- 
rants for  the  purpose  set  out  in  this  section,  provided  that  all 
other  public  funds  available  to  each  county  may  be  expended  for 
the  benefit  of  the  school  or  schools  of  the  district  consolidated  in 
accordance  with  this  act,  in  the  same  manner  and  for  the  same 
purpose  as  for  the  school  or  schools  in  other  districts  lying  whol- 
ly within  the  county ;  provided  further  that  in  the  event  two  or 
more  contiguous  districts  in  two  or  more  adjoining  counties  have 
held  local  tax  elections  for  the  purpose  of  levying  the  district 
three-mill  tax  for  school  purposes  prior  to  the  formation  of  a 
consolidated  district  as  prescribed  in  section  1  of  this  act  form  a 
consolidated  school  district,  and  such  local  district  tax  elections 
for  school  purposes  are  hereby  ratified  and  confirmed. 

5.  This  act  shall  take  effect  immediately  upon  the  approval 
by  the  governor  and  all  laws  and  parts  of  laws  in  conflict  with  its 
provisions  be  and  the  same  are  hereby  repealed. 

Approved  September  30,  1919. 


152 

No.  444.)  (H.  414— Brindley. 

AN  ACT 

To  amend  Sec.  6  of  an  act  entitled:  "An  Act  to  provide  for  elections  to 
authorize  any  county  in  the  State  to  levy  and  collect  a  special  county 
tax  for  public  school  purposes  not  to  exceed  thirty  (30)  cents  on  each 
one  hundred  dollars  ($100)  worth  of  taxable  property  in  such  county;  to 
authorize  any  school  district,  in  any  county  that  may  be  levying  special 
county  taxes  for  school  purposes  of  not  less  than  thirty  (30)  cents  on 
each  one  hundred  dollars  ($100)  worth  of  taxable  property  in  such 
county,  to  levy  a  special  district  tax  for  school  purposes  not  to  exceed 
thirty  (30)  cents  on  each  one  hundred  dollars  ($100)  worth  of  taxable 
property  in  such  school  district;  and  to  authorize  boards  of  education  to 
issue  interest  bearing  warrants  to  erect,  repair,  and  equip  school  build- 
ings and  to  otherwise  improve  school  facilities,"  approved  February  13, 
1919. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

That  Sec.  6  of  an  Act  entitled :  "An  Act  to  provide  for  elec- 
tions to  authorize  any  county  in  the  State  to  levy  and  collect  a 
special  county  tax  for  public  school  purposes  not  to  exceed  thirty 
(30)  cents  on  each  one  hundred  dollars  ($100)  worth  of  taxable 
property  in  such  county ;  to  authorize  any  school  district,  in  any 
county  that  may  be  levying  special  county  taxes  for  school  pur- 
poses of  not  less  than  thirty  (30)  cents  on  each  one  hundred  dol- 
lars (^'^lOO)  worth  of  taxable  property  in  such  county,  to  levy  a 
special  district  tax  for  school  purposes  not  to  exceed  thirty  (30) 
cents  on  each  one  hundred  dollars  ($100)  worth  of  taxable  prop- 
erty in  such  school  district ;  and  to  authorize  boards  of  education 
to  issue  interest  bearing  warrants,  to  erect,  repair  and  equip 
school  buildings  and  to  otherwise  improve  school  facilities,"  ap- 
proved February  13th,  1919,  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows :  Sec.  6.  The  board  of  education  of  any 
county,  which  is  levying  a  county  tax  for  school  purposes  under 
the  provisions  of  this  act,  may  contract  for  or  make  provisions 
for  payment,  in  whole  or  in  part,  for  the  erection,  repair,  or 
equipping  of  school  houses,  or  the  erection  of  additions  thereto, 
including  county  high  schools,  or  to  make  other  improvements  in 
the  school  facilities  of  the  county,  out  of  the  funds  arising  from 
said  tax,  and  to  this  end  and  for  this  purpose  said  board  of  educa- 
tion of  any  county  is  hereby  authorized  to  issue  interest  bearing 
warrants  at  a  rate  not  to  exceed  six  per  cent  per  annum,  for  a 
term  not  to  exceed  the  time  said  special  tax  levy  has  been  voted 
for  said  county,  and  for  an  amount,  including  interest,  not  to  ex- 
ceed the  income  from  said  levy,  estimating  such  income  upon  the 
basis  of  the  assessed  value  of  the  taxable  property  in  such  coun- 
ty for  the  preceding  tax  year,  as  the  annual  return  for  such  levy 
for  the  period  for  which  said  warrants  are  issued ;  and  the  board 
of  education  of  any  city  of  two  thousand  or  more  inhabitants, 


153 

having  control  of  any  school  district,  or  the  board  of  education  of 
any  county  in  which  there  is  no  city  school  board,  where  a  spe- 
cial district  tax  for  school  purposes  has  been  levied  under  this 
act,  is  authorized  to  use  said  special  district  tax  to  erect,  repair 
or  equip  or  build  additions  to  any  school  building  within  said  dis- 
trict, including  county  high  schools,  and  to  make  improvements  in 
the  school  facilities  of  said  school  district,  and  are  authorized  to 
use  said  special  district  tax  for  the  purpose  of  paying  off  and 
liquidating  public  school  bonded  indebtedness  of  cities  and  dis- 
tricts, and  in  their  discretion  may  apportion  said  school  tax  to 
these  various  purposes,  and  to  this  end  and  for  his  purpose,  said 
board  of  education  is  hereby  authorized  to  issue  interest  bearing 
warrants  at  a  rate  not  to  exceed  six  per  cent  per  annum,  for  a 
term  not  to  exceed  the  time  the  said  special  district  tax  has  been 
voted  in  said  district,  and  for  an  amount,  including  interest,  not 
exceeding  the  income  from  said  tax  levy,  estimating  such  income 
upon  the  basis  of  the  assessed  value  of  the  taxable  property  in 
such  city  or  school  district  for  the  preceding  tax  year,  as  the 
annual  return  from  such  levy  for  the  period  for  which  such  war- 
rants are  issued.  The  due  date  of  said  school  warrants  shall  not 
extend  beyond  the  30th  day  of  September  next  after  the  time 
when  the  tax  for  the  last  year  of  said  levy  shall  become  delin- 
quent. All  warrants  shall  be  signed  in  the  name  of  such  board, 
by  its  president,  and  shall  be  a  preferred  claim  upon  the  proceeds 
of  said  tax  levy  in  such  county  or  school  district,  as  the  case  may 
be,  each  year  during  the  period  for  which  such  warrants  are  is- 
sued, to  the  extent  of  the  warrants  maturing  during  such  year, 
and  such  board  shall,  at  the  beginning  of  each  tax  year,  by  reso- 
lution entered  upon  its  minutes,  set  apart  so  much  of  the  tax  in- 
come for  that  year  as  will  be  necessary  to  meet  all  warrants  ma- 
turing during  that  year.  Provided,  that  nothing  herein  con- 
tained shall  prevent  the  said  board  from  paying  any  of  such  war- 
rants for  which  the  income  from  said  tax  levy,  ascertained  as 
herein  provided,  may  be  insufficient  to  pay. 
Approved  Sept.  25,  1919. 


No.  215.)  (H.  11— Baker. 

AN  ACT 

To  extend  and  regulate  the  granting  of  teachers'  certificates  to  persons  who 
served  in  the  army  or  navy  of  the  United  States  during  the  war  with 
Germany. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.    That  the  State  board  of  examiners  is  hereby  au- 
thorized to  extend  the  certificate  of  all  persons  who  at  the  time 


154 

they  entered  the  military  or  naval  service  of  the  United  States 
held  a  certificate  to  teach  in  the  public  schools  of  Alabama  for 
two  years. 

Section  2.  That  whenever  any  person  who  was  in  the  military 
or  naval  service  of  the  United  States  during  the  war  with  Ger- 
many and  who  at  the  time  he  entered  said  service  was  teaching  in 
the  public  schools  of  this  State  under  a  first  grade  certificate 
shall  apply  to  the  State  board  of  examiners  for  a  life  certificate, 
the  time  which  he  spent  in  the  military  or  naval  service  of  the 
United  States  shall  count  upon  said  application  as  if  he  had  been 
engaged  in  teaching  during  said  period  of  time. 

Section  3.  The  certificate  of  any  county  superintendent  of 
education  that  the  person  applying  for  an  extension  of  certificate 
or  for  a  life  certificate  served  in  the  army  or  navy  and  of  the 
length  of  time  so  served  shall  be  sufficient  proof  to  authorize  the 
State  board  of  examiners  to  grant  the  party  applying  the  benefits 
of  this  act. 

Approved  August  16,  1919. 


No.  459.)  (S.  414— McDowell. 

AN  ACT 

To  provide  for  the  reading  of  the  Holy  Bible  in  the  schools  in  Alabama  that 
are  supported  in  part  or  in  whole  by  public  funds  and  to  provide  for  the 
enforcement  of  the  same. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  all  schools  in  this  State  that  are  supported 
in  whole  or  in  part  by  public  funds,  be  and  the  same  are  hereby 
required  to  have  once  every  school  day,  readings  from  the  Holy 
Bible. 

Section  2.  Be  it  further  enacted,  that  teachers  in  making 
monthly  reports  shall  show  on  the  same  that  they  have  complied 
with  this  act,  and  superintendents  of  city  schools  in  drawing 
public  funds  shall  certify  that  each  teacher  under  his  super- 
vision has  complied  with  this  act. 

Section  3.  Be  it  further  enacted,  that  schools  in  the  State 
subject  to  the  provisions  of  this  act  shall  not  be  allowed  to  draw 
public  funds  unless  the  provisions  of  this  act  are  complied  with, 
and  the  State  Superintendent  of  Education  is  charged  with  the 
enforcement  of  the  provisions  hereof. 

Approved  Sept.  26,  1919. 


155 

No.  722.)  (H.  862— Carnley. 

AN  ACT 

To  better  secure  compliance  with  the  laws  of  Alabama,  requiring  instruction 
of  all  pupils  in  public  schools,  and  in  all  schools  and  colleges  supported 
in  whole  or  in  part  by  public  money,  or  under  State  control,  with  refer- 
ence to  the  effect  of  alcoholic  drinks,  stimulants  and  narcotics  upon  the 
human  system. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  county  and  city  boards  of  education,  and 
the  county  superintendents  and  superintendents  of  city  schools, 
and  all  boards  of  directors  and  presidents  of  all  schools  and  col- 
leges, supported  in  whole  or  in  part  by  public  money,  or  under 
State  control,  shall,  respectively,  require  and  provide  that  regular 
instruction  shall  be  given  in  all  grades  of  all  said  schools  and  col- 
leges under  their  supervision,  direction  or  control  as  to  the  na- 
ture of  alcoholic  drinks,  tobacco  and  other  narcotics,  and  their 
effect  upon  the  human  system ;  and  they  shall,  frdm  time  to  time, 
as  they  may  be  called  upon  by  the  governor  or  State  superintend- 
ent of  education,  report  to  the  governor  or  State  superintendent, 
respectively,  what  they  have  done  to  comply  with  the  duty  here- 
by imposed  upon  them;  to  the  end  that  such  subjects  shall  be 
taught  in  the  schools  and  colleges  of  the  State  as  regularly  as 
any  other  subjects  of  instruction. 

Section  2.  That  the  board  of  directors  and  president  of  every 
normal  school  or  college  in  this  State  shall  require  and  provide 
that  all  students  therein  shall  have  regular  instruction  in  the 
subjects  mentioned  in  the  preceding  section;  to  the  end  that  such 
students,  when  authorized  to  teach  in  the  schools  of  the  State, 
shall  be  qualified  to  give  the  like  instruction  therein.  The  presi- 
dents of  said  schools  shall  report  to  the  governor  at  the  end  of 
each  scholastic  year  to  what  extent  such  instruction  has  been 
provided  for  in  the  said  schools  and  colleges  during  the  preceding 
scholastic  year. 

Section  3.  That  in  the  examination  of  applicants  for  certifi- 
cates of  the  1st,  2nd  and  3rd  grades,  or  of  applicants  for  the  life 
certificates,  whether  such  examination  be  held  by  the  State 
board  of  examiners  or  whether  the  examination  be  held  in  the 
county,  in  the  cases  provided  for  by  law,  such  applicants  shall 
be  examined  upon  the  subjects  or  branches  referred  to  in  Section 
1  of  this  act,  and  the  subjects  referred  to  in  Section  1  of  this  act 
shall  be  embraced  in  the  branches  of  learning,  upon  which  the 
said  applicants  are  required  to  be  examined  in  writing,  and  such 
examination  shall  include  questions  on  those  subjects  as  on 
others. 

Section  4.  That  the  board  of  directors  of  the  State  normal 
schools  shall  arrange  with  the  president  of  the  Woman's  Chris- 


156 

tian  Temperance  Union  to  have  a  trained  scientific  temperance 
institute  worker  to  visit  each  normal  school  of  the  State  at  least 
once  a  year,  and  to  be  allowed  one  hour  per  day  on  not  less  than 
three  days  to  lecture  before  the  student  body  upon  the  subjects 
mentioned  in  Section  1  of  this  act;  and  that  the  reasonable  ex- 
pense of  the  services  of  such  institute  worker  shall  be  agreed  up- 
on by  the  presidents  of  the  school  with  the  worker,  and  the  ex- 
penses of  the  services  of  such  institute  worker  and  of  the  enter- 
tainment, if  any,  of  such  worker  while  she  is  in  attendance  upon 
the  school  for  the  purpose  aforesaid,  shall  be  paid  out  of  the 
treasury  of  the  State  upon  a  warrant  issued  by  the  auditor  to  the 
president  of  the  school,  upon  a  statement  of  the  account  present- 
ed under  affidavit  by  the  president,  and  approved  by  the  gov- 
ernor; and  the  proceeds  of  such  warrant  shall  be  used  either  to 
pay  the  said  worker  for  services  and  entertainment,  or  to  reim- 
burse the  president  of  the  school,  if  he  has  paid  the  worker  for 
such  services  and  entertainment. 

Section  5.  That  the  programme  for  the  exercises  of  temper- 
ance day  to  be  observed  in  the  public  schools  of  the  State  one  day 
in  each  scholastic  term,  as  provided  by  law,  may  be  prepared  and 
furnished  to  the  State  superintendent  of  education  by  the  Ala- 
bama Woman's  Christian  Temperance  Union,  or  by  a  committee 
of  said  Union,  named  for  that  purpose,  and  the  programme  may 
be  so  prepared,  either  in  collaboration  with  the  State  superin- 
tendent of  education,  or  under  the  supervision  of  such  superin- 
tendent, and  it  shall  be  the  duty  of  the  State  superintendent  of 
education  to  have  the  said  programme  printed  and  to  have  the 
same  sent  out  to  the  schools  or  heads  thereof  from  his  office  at 
the  expense  of  the  State,  and  the  expense  of  printing  and  distrib- 
uting said  programme  shall  be  paid  upon  a  warrant  issued  by  the 
auditor,  upon  an  account  under  oath,  made  out  by  the  State  su- 
perintendent of  education  and  approved  by  the  governor ;  and  the 
said  warrant  shall  be  issued  to  the  State  superintendent  and  the 
proceeds  thereof  used  by  him  to  pay  the  expenses  of  such  print- 
ing and  distribution,  or  to  reimburse  him  therefor,  if  he  has  al- 
ready advanced  such  payment. 

Section  6.  That  the  State  superintendent  of  education,  in  the 
report  which  he  is  required  by  Section  1686  of  the  Code  of  1907, 
to  make  annually  to  the  governor,  on  or  before  the  1st  day  of 
December^  shall  state  what  he  has  done  to  comply  with  sub-sec- 
tion 3  of  Section  1685  of  the  Code  of  1907,  and  to  what  extent  the 
instruction  there  required  has  been  given  in  the  schools  and  col- 
leges referred  to  in  the  title  of  this  act. 

Approved  September  30,  1919. 


157 

No.  695.)  (S.  314— Craft. 

AN  ACT 

To  provide  for  instruction  in  regard  to  the  humane  protection  of  animals  in 
the  public  schools. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  There  shall  be  taught  in  the  public  schools  of  this 
State  in  addition  to  other  branches  of  study  as  now  prescribed, 
a  system  of  humane  treatment  to  all  animals. 

Section  2.  In  every  public  school  within  this  State  it  shall  be 
optional  with  each  teacher  to  devote  twenty  or  more  minutes 
each  week  during  the  whole  term  in  teaching  the  pupils  thereof 
kindness,  justice  and  humane  protection  of  birds  and  animals, 
and  the  important  part  they  fulfill  in  the  economy  of  nature, 
^iven  by  daily  incidents  or  humane  readings. 

Section  3.  The  Superintendent  of  Public  Instruction  of  this 
State  shall  include  moral  and  humane  education  in  the  program 
of  the  teachers  institute  which  is  held  in  each  county. 

Section  4.  Provision  made  for  humane  education  in  the  nor- 
mal school  course  regarding  kindness  to  animals,  for  all  those 
training  for  the  teachers  profession. 

Section  5.  The  principal  or  teacher  of  each  public  school 
shall  state  briefly  in  their  monthly  reports  whether  the  provision 
of  this  act  have  been  complied  with  in  the  school  under  his  or  her 
control.  Experiments  on  any  living  creature  shall  not  be  permit- 
ted in  any  public  or  private  school  of  this  commonwealth. 

Approved  September  29,  1919. 


No.  756.)  (H.  751— Orr. 

AN  ACT 

To  further  prohibit  disturbances  at  churches,  school  houses,  or  at  other  pub- 
lic places.  To  prevent  injuries  to  automobiles  and  other  vehicles  parked 
at  such  places. 

Section  1.     Be  it  enacted  by  the  Legislature  of  Alabama: 

That  after  the  passage  and  approval  of  this  act  it  shall  be 
unlawful  for  any  person  or  persons,  without  the  consent  of  the 
owner  or  person  in  charge  of  an  automobile  or  other  vehicle, 
parked  or  left  standing  at  or  near  any  church,  school  house,  on 
the  streets,  roads,  in  front  of  any  private  residence  or  at  any 
other  public  place  wheresoever,  to  loiter  or  sit  in  said  automobile 
or  other  vehicle,  or  to  blow  the  horn,  turn  the  switch,  put  on  the 
lights,  or  in  any  way  meddle  with  the  ways,  works  or  machinery 


158 

of  said  automobile  or  other  vehicle,  while  the  same  is  left  parked 
or  standing  at  said  place. 

Section  2.  Be  it  further  enacted,  that  any  person  or  persons- 
violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor  and  on  conviction  shall  be  fined  not  less  than  five 
nor  more  than  $100.00  and  may  also  be  imprisoned  or  sentenced 
to  hard  labor  for  not  more  than  six  months. 

Approved  September  30, 1919. 


No.  629.)  (S.  332— Evins. 

AN  ACT 

To  amend  an  act  entitled  "An  act  to  regulate  the  employment  of  minor  chil- 
dren within  the  State  of  Alabama;  to  prohibit  the  employment  of  minors 
under  certain  conditions;  to  provide  for  the  inspection,  and  regulation  of 
establishments,  occupations,  places  and  premises  where  minors  are  em- 
ployed; to  entrust  the  enforcement  of  the  provisions  of  this  act  to  the 
State  Prison  Inspector;  to  punish  violations  of  this  act,  and  approved 
February  24,  1915. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

That  an  act  entitled  "An  Act  to  regulate  the  employment  of 
minor  children  within  the  State  of  Alabama ;  to  prohibit  the  em- 
ployment of  minors  under  certain  conditions ;  to  provide  for  the 
inspection  and  regulation  of  establishments,  occupations,  places, 
and  premises  where  minors  are  employed ;  to  entrust  the  enforce- 
ment of  the  provisions  of  this  act  to  the  State  Prison  Inspector ; 
to  punish  violations  of  this  act,  and  approved  February  24,, 
1915"  be  and  the  same  is  hereby  amended  so  as  to  read  as  fol- 
lows: 

Section  1.  That  no  child  under  fourteen  years  of  age  shall  be 
employed,  permitted,  or  suffered  to  work  in  any  gainful  occupa- 
tion, except  agriculture  or  domestic  service;  provided,  however, 
that  boys  twelve  years  of  age  or  over  may  be  employed  in  busi- 
ness offices  and  mercantile  establishments,  except  soft  drink  and 
ice  cream  establishments,  restaurants  or  cafes,  during  the  sum- 
mer vacation  when  the  public  schools  in  the  city  or  town  in  which 
the  child  resides  are  not  in  session,  if  the  child  secures  and  files 
with  employer  a  special  permit  or  certificate  as  hereinafter  pre- 
scribed; and  provided  further  that  boys  twelve  years  of  age  or 
over  may  be  employed  in  the  distribution  and  sale  of  newspapers 
and  other  printed  matter  as  provided  for  in  Section  13  of  this  act. 

Section  2.  No  child  under  sixteen  years  of  age  shall  be  em- 
ployed, permitted,  or  suffered  to  work  in  any  gainful  occupation, 
except  agriculture  or  domestic  service,  for  more  than  six  days  in 
any  one  week,  or  more  than  forty-eight  hours  in  any  one  week  or 


159 

more  than  eight  hours  in  any  one  day,  or  before  the  hour  of  six 
o'clock  in  the  morning,  or  after  the  hour  of  seven  o'clock  in  the 
evening.  The  presence  of  any  child  under  sixteen  years  of  age 
in  any  mill,  factory,  or  workshop,  laundry,  or  mechanical  estab- 
lishment shall  be  prima  facie  evidence  of  its  employment  therein. 

Section  3.  It  shall  be  the  duty  of  every  employer  to  post  and 
keep  posted  in  a  conspicuous  place  in  every  room  where  any 
child  under  the  age  of  sixteen  years  is  employed,  permitted,  or 
suffered  to  work,  a  printed  notice  stating  the  maximum  number 
of  hours  such  persons  may  be  required  or  be  permitted  to  work 
on  each  day  of  the  week,  the  hours  of  commencing  and  stopping 
work,  and  the  hours  allowed  for  dinner  or  other  meals.  The 
printed  form  of  such  notice  shall  be  furnished  by  the  Inspector 
hereinafter  named,  and  the  employment  of  any  minor  for  a 
longer  time  in  any  day  so  stated,  or  at  any  time  other  than  as 
stated  in  such  printed  form  of  notice,  shall  be  deemed  a  violation 
of  the  provisions  of  this  act. 

Section  4.  No  person  under  the  age  of  eighteen  years  shall  be 
employed,  permitted  or  suffered  to  work  as  a  messenger  for  any 
person,  firm,  or  corporation  engaged  in  the  business  of  telegraph, 
telephone,  or  messenger  service,  in  the  distribution,  transmission 
or  delivery  of  goods  or  messages  after  the  hour  of  ten  o'clock  in 
the  evening,  or  before  the  hour  of  six  o'clock  in  the  morning  of 
any  day ;  and  no  person  under  twenty-one  years  of  age  shall  be 
employed  in  any  establishment  where  intoxicating  liquors  are 
manufactured  or  sold  nor  to  work  in  any  pool  or  billiard  room  or 
place. 

Section  5.  No  child  under  the  age  of  sixteen  years  shall  be 
employed,  permitted,  or  suffered  to  work  at  any  of  the  following 
occupations  or  in  any  of  the  following  positions:  (1)  operating 
or  assisting  in  operating  any  of  the  following  machines:  (a) 
circular  or  band  saws ;  (b)  wood  shapers ;  (c)  wood  jointers ;  (d) 
planers ;  (e)  sand  paper  or  wood  polishing  machinery ;  (f )  wood 
turning  or  boring  machinery ;  (g)  machines  used  in  picking  wool, 
cotton,  hair  or  any  other  material ;  (h)  job  or  cylinder  printing 
presses;  (i)  boring  or  drilling  presses;  (j)  stamping  machines 
used  in  sheet  metal  or  tin  ware,  or  in  paper  or  leather  manufac- 
turing, or  in  washer  or  nut  factories ;  (k)  metal  or  paper  cutting 
machines;  (1)  corner  staying  machines;  (m)  steam  boilers;  (n) 
dough  brakes  or  cracker  machinery  of  any  description;  (o)  wire 
or  iron  straightening  or  drawing  machinery;  (p)  rolling  mill  ma- 
chinery ;  (q)  power  punches  or  shears ;  (r)  washing,  grinding  or 
mixing  machinery;  (s)  laundering  machinery ;  (t)  nor  engage  in 
any  work  in  or  about  a  rolling  mill,  machine  shop  or  manufactur- 
ing establishment  which  is  hazardous,  or  dangerous  to  health, 
limb,  or  life;  (2)  or  in  proximity  to  any  hazardous  or  unguarded 


160 

gearing;  (3)  or  upon  any  railroad,  whether  steam,  electric,  or 
hydraulic ;  (4)  or  upon  any  vessel  or  boat  engaged  in  navigation 
or  commerce  within  the  jurisdiction  of  this  State. 

Section  6.  No  child  under  the  age  of  sixteen  years  shall  be 
employed,  permitted,  or  suffered  to  work  in  any  capacity:  (1)  in, 
about,  or  in  connection  with  any  processes  in  w^hich  dangerous  or 
poisonous  acids  are  used ;  (2)  nor  in  the  manufacture  or  packing 
of  paints,  colors,  white  or  red  lead;  (3)  nor  in  soldering;  (4)  nor 
in  occupations  causing  dust  in  injurious  quantities;  (5)  nor  in 
the  manufacture  or  use  of  poisonous  dyes;  (6)  nor  in  the  manu- 
facture or  preparation  of  compositions  with  dangerous  or  poison- 
ous gasses;  (7)  nor  in  the  manufacture  or  use  of  compositions  of 
lye  in  which  the  quantity  therein  is  injurious  to  health;  (8)  nor 
on  scaffolding;  (9)  nor  in  heavy  work  in  the  building  trades; 
(10)  nor  in  any  tunnel  or  excavation;  (11)  nor  in,  about,  or  in 
connection  with  any  mine,  coke  breaker,  coke  oven,  or  quarry; 
(12)  or  in  assorting,  manufacturing  or  packing  tobacco;  (13) 
nor  to  operate  any  automobile,  motor  car  or  truck;  (14)  nor  to 
work  in  any  bowling  alley;  (15)  nor  shall  any  child  under  the  age 
of  sixteen  years  be  employed  upon  the  stage  of  any  theater  or 
concert  hall,  or  in  connection  with  any  theatrical  performance  or 
other  exhibition  or  show,  except  that  children  fourteen  years  of 
age  may  be  employed  as  ushers  in  theaters  or  concert  halls  in 
accordance  with  the  provisions  of  sections  2  and  7  of  this  act; 
(16)  nor  in  any  place  or  occupation  which  the  State  Board  of 
Health  may  declare  dangerous  to  life  or  limb  or  injurious  to  the 
health  or  morals  of  children  under  sixteen  years  of  age.  The 
State  Board  of  Health  shall  have  authority  to  declare  any  place 
or  occupation  dangerous  to  life  or  limb  or  injurious  to  health  or 
morals  of  children  under  sixteen  years  of  age. 

Section  7.  It  shall  be  unlawful  for  any  firm,  person,  or  cor- 
poration to  employ,  permit,  or  suffer  any  child  under  sixteen 
years  of  age  to  work  in  any  gainful  occupation,  except  agriculture 
or  domestic  service,  unless  such  person,  firm  or  corporation  keeps 
on  file  for  the  inspection  of  the  officials  charged  with  the  en- 
forcement of  this  act,  an  employment  certificate,  as  hereinafter 
provided  for  every  such  child;  and  unless  such  person,  firm,  or 
corporation  keeps  on  file  for  the  inspection  of  the  officials  charg- 
ed with  the  enforcement  of  this  act,  a  complete  list  of  all  such 
children  employed  therein.  The  inspector  charged  with  the  en- 
forcement of  this  act  may  make  demand  on  any  employer  in 
whose  establishment  a  child,  apparently  under  sixteen  years  of 
age,  is  employed  or  permitted  or  suffered  to  work,  and  whose  em- 
ployment certificate  is  not  filed  as  required  by  this  act,  that  such 
employer  shall  furnish  such  official  evidence  satisfactory  to  him 
that  such  child  is,  in  fact,  sixteen  years  of  age  or  over,  or  shall 
cease  to  employ  or  permit  or  suffer  such  child  to  work  therein. 


161 

Such  official  may  require  from  such  employer  the  same  evidence 
of  age  of  such  child  as  is  required  for  the  issuance  of  any  employ- 
ment certificate,  and  the  employer  furnishing  such  evidence 
shall  not  be  required  to  furnish  any  further  evidence  of  age  of 
such  child.  In  case  such  employer  shall  fail  to  produce  and 
deliver  to  such  official  such  evidence  of  age  thereby  required  of 
him,  and  thereafter  continue  to  employ  such  child  or  permit  or 
suffer  such  child  to  work  in  such  establishment,  proof  of  the 
failure  to  produce  and  file  such  evidence  shall  be  prima  facie 
evidence  in  prosecution  that  such  child  is  under  sixteen  years  of 
age,  and  unlawfully  employed.  Any  official  charged  with  the  en- 
forcement of  this  act  may  cancel  any  employment  certificate 
found  to  be  illegally  or  improperly  issued.  When  any  such  em- 
ployment certificate  is  cancelled,  the  employer  of  the  child,  for 
whom  the  employment  certificate  is  issued,  shall  be  notified.  It 
shall  be  unlawful  to  employ  any  such  child  after  notice  that  the 
certificate  for  such  child  has  been  cancelled,  provided  that  such 
child  may  be  employed  after  a  new  employment  certificate,  regu- 
larly issued  as  provided  for  by  law,  shall  have  been  granted  to 
him. 

Section  8.  No  child  under  fourteen  years  of  age  shall  be  em- 
ployed, permitted,  or  suffered  to  work  in  any  employment  or  ser- 
vice during  the  hours  when  the  public  schools  of  the  district  in 
which  the  child  resides  is  in  session. 

Section  9.  It  shall  be  the  duty  of  the  superintendent,  or  prin- 
cipal of  schools  in  cities  or  towns  to  issue  employment  certificates 
or  to  authorize  a  person  in  writing  to  issue  such  certificate  acting 
in  his  name.  When  there  is  no  superintendent  or  principal  of 
schools,  said  certificates  shall  be  issued  by  the  county  superin- 
tendent of  education  or  by  a  person  authorized  by  him  in  writing. 
Such  certificates  shall  be  issued  in  duplicate,  and  a  copy  of  each 
certificate  issued  during  the  month  preceding,  shall  be  transmit- 
ted to  the  State  inspector,  together  with  the  report  as  hereinaf- 
ter provided  for. 

Section  10.  The  person  authorized  to  issue  employment  cer- 
tificates shall  not  issue  such  certificates  unless  the  child  accompa- 
nied by  his  parent  or  guardian,  or  person  standing  in  parental  re- 
lation thereto,  has  personally  made  application  to  him  therefor, 
and  until  he  has  received,  examined,  approved  and  filed  the  fol- 
lowing papers  duly  executed:  (1)  a  written  statement  of  the 
person,  firm  or  corporation  into  whose  service  the  child  is  about 
to  enter  that  he  intends  to  employ  the  child,  which  statement 
shall  give  the  nature  of  the  occupation  for  which  the  child  is  to 
be  employed;  (2)  a  school  record  signed  by  the  principal  or  the 
teacher  of  the  school  last  attended  by  said  child  stating  that  such 
child  has  completed  the  elementary  course  of  study  of  the  fourth 
grade  of  the  public  school  or  its  equivalent,  or  has  attended  school 


162 

at  least  120  days  of  the  year  immediately  preceding  the  date  on 
which  the  certificate  is  issued.  On  and  after  September  1,  1921 
a  school  record  showng  the  completion  of  the  4th  grade  or  its 
equivalent,  only  shall  be  accepted,  said  certificate  shall  state  the 
age  and  date  of  birth  of  said  child,  as  shown  on  the  records  of 
the  school,  and  the  name  and  address  of  the  parent,  guardian, 
or  custodian;  provided,  that  such  evidence  of  school  attendance 
outside  of  the  State  of  Alabama  may  be  accepted  at  the  discretion 
of  the  officer  issuing  the  certificate;  in  case  such  school  record 
cannot  be  obtained,  then  the  officer  issuing  the  employment  cer- 
tificate shall  examine  such  child  to  determine  whether  he  can 
meet  the  educational  standard  specified  and  shall  file  in  his  office 
a  statement  setting  forth  the  result  of  such  examination ;  (3)  one 
of  the  following  evidences  of  age,  showing  the  child  to  be  four- 
teen years  of  age  or  over,  to  be  required  in  the  order  herein 
designated:  (a)  duly  attested  transcript  of  the  birth  record  of 
said  child,  filed  according  to  law,  with  any  officer  charged  with 
the  duty  of  recording  births;  (b)  or  a  duly  attested  transcript  of 
certificate  of  baptism  showing  the  date  of  birth  and  a  place  of 
baptism  of  such  child;  (c)  or  a  life  insurance  policy  which  must 
have  been  in  force  for  at  least  one  year;  (d)  or  a  bona  fide  con- 
temporary Bible  record  of  birth;  (e)  or  a  passport,  or  certificate 
of  arrival  in  the  United  States  showing  the  age  of  the  child ;  (f ) 
or  in  case  the  officer  authorized  to  issue  such  certificate  is  sat- 
isfied that  none  of  the  above  proofs  of  age  can  be  produced,  oth- 
er evidence  of  the  age,  as  an  affidavit  of  age  sworn  to  by  the 
parent,  guardian,  or  custodian  of  such  child,  accompanied  by  a 
certificate  of  physical  age  of  such  child,  signed  by  a  public  health 
or  public  school  physician,  provided  that  a  school  record  or 
parent's,  guardian's  or  custodian's  affidavit,  certificate  or  other 
written  statement  of  age  alone  shall  not  be  accepted ;  (4)  a  state- 
ment duly  dated  and  signed  by  a  public  school  physician,  or  by  a 
regularly  licensed  physician  in  good  standing  in  the  cpmmunity 
where  he  resides,  showing  that  he  has  personally  examined  such 
child,  and  that  in  his  opinion  the  child  is  fourteen  years  of  age  or 
over,  is  of  good  physical  development  for  a  child  of  his  age,  is  of 
sound  health,  and  is  physically  qualified  to  perform  the  work  at 
which  he  is  to  be  employed;  provided  that  the  officer  issuing 
employment  certificates  shall  have  authority  and  is  hereby  em- 
powered to  issue  a  Vacation  Employment  Certificate  to  children 
fourteen  years  of  age  and  over  without  requiring  a  statement 
that  the  child  has  completed  the  fourth  grade  of  the  elementary 
course  of  study,  or  its  equivalent,  as  hereinbefore  provided ;  pro- 
vided further,  that  the  officer  issuing  employment  certificates 
shall  have  authority  and  is  hereby  empowered  to  issue  a  Special 
Employment  Certificate  to  any  boy  twelve  years  of  age  or  over 
to  work  in  business  offices  and  mercantile  establishments,  ex- 


163 

cept  soft  drink  and  ice  cream  establishments,  restaurants  or 
cafes,  during  the  summer  vacation  when  the  public  schools  in  the 
city  or  town  in  which  the  child  resides  are  not  in  session ;  without 
requiring  that  the  child  has  completed  any  grade.  Such  vacation 
and  special  employment  certificates  shall  be  different  in  form 
and  color  from  the  regular  employment  certificate  and  shall  be 
valid  only  during  the  time  when  the  public  school  in  the  city  or 
town  in  which  the  child  resides,  is  not  in  session.  Every  vacation 
and  special  employment  certificate  shall  become  null  and  void  on 
the  date  the  public  schools  open  for  the  regular  session.  The 
superintendent  of  schools  in  any  city,  town,  or  district,  wherever 
there  is  one,  and  where  there  is  none,  the  county  superintendent 
of  education,  shall  between  the  first  and  the  tenth  day  of  each 
month  transmit  to  the  office  of  the  State  Prison  Inspector  here- 
inafter mentioned,  or  the  director  of  the  Child  Welfare  Depart- 
ment when  the  same  shall  have  been  established,  a  report  which 
report  shall  give  the  name  of  each  child  to  whom  certificate  has 
been  granted  or  denied  during  the  preceding  month,  together 
with  the  ground  for  such  denial.  A  refusal  or  failure  to  transmit 
such  report  by  any  person  charged  under  this  section  with  the 
duty  of  transmitting  the  same  to  such  state  official  shall  consti- 
tute a  misdemeanor  punishable  by  a  fine  of  not  less  than  five  dol- 
lars nor  more  than  twenty-five  dollars. 

Section  11.  The  employment  certificate  shall  state  the  full 
name,  place  and  date  of  birth  of  such  child  with  the  name  and 
address  of  the  parent,  guardian,  or  persons  sustaining  the  paren- 
tal relationship  to  such  child,  and  shall  contain  a  statement  sign- 
ed by  the  issuing  officer  that  the  child  has  personally  appeared 
before  him  and  that  satisfactory  evidence  has  been  submitted 
that  such  child  is  fourteen  years  of  age  or  over.  The  printed 
form  of  the  certificate  and  the  other  papers  required  in  the  issu- 
ing of  the  employment  certificate'  shall  be  drafted  by  the  State 
inspector  hereinafter  mentioned  and  furnished  by  him  to  the 
local  and  county  superintendents  of  education. 

Section  12.  On  the  termination  of  the  employment  of  a 
child  under  the  age  of  sixteen  years,  the  employment  certificate 
shall  be  returned  by  the  employer  holding  the  same  to  the  school 
authority  by  whom  it  was  issued  within  ten  days  after  the  termi- 
nation of  the  employment.  Every  employment  certificate  so 
returned  shall  be  cancelled  by  the  officer  who  issued  the  certifi- 
cate and  transmitted  to  the  state  inspector  with  the  next  succeed- 
ing monthly  report  as  hereinbefore  provided  for. 

Section  13.  No  boy  under  twelve  years  of  age  and  no  girl 
under  eighteen  years  of  age  shall  distribute,  sell,  expose,  or  offer 
for  sale,  newspapers,  magazines,  periodicals,  handbills,  or  circu- 
lars, or  be  employed  or  permitted  or  suffered  to  work  in  any  oth- 
er trade  or  occupation  performed  in  any  street  or  pubHc  place; 


164 

provided,  however,  that  boys  ten  years  of  age  or  over  may  engage 
in  the  distribution  of  newspapers  and  periodicals  on  fixed  routes 
in  the  resident  districts  of  towns  or  cities  and  provided  further 
that  boys  twelve  years  of  age  or  over  may  engage  in  the  occupa- 
tion of  bootblacks.  No  boy  under  sixteen  years  of  age  shall  en- 
gage in  any  such  street  occupation  above  mentioned  after  eight 
o'clock  at  night  or  before  five  o'clock  in  the  morning  of  any  day ; 
and  unless  he  has  secured  and  wears  in  plain  sight  a  badge  as 
herein  provided.  Such  badges  shall  be  issued  by  the  superintend- 
ent of  schools,  or  some  person  designated  by  him  in  writing,  and 
shall  be  granted  only  after  the  child  has  applied  to  him  personally 
accompanied  by  his  parent,  guardian,  or  custodian,  and  has  sub- 
mited  satisfactory  proof  that  he  is  twelve  years  of  age  or  over, 
or  if  engaged  only  in  distributing  papers  or  periodicals  on  fixed 
routes  in  the  resident  districts,  ten  years  of  age  or  over,  and  is  a 
regular  attendant  of  a  school.  Such  badge  shal  be  renewed  an- 
nually on  the  first  day  of  January  and  shall  not  be  transferable, 
and  the  form,  design  or  color  shall  be  changed  annually.  A  de- 
posit of  not  more  than  fifty  cents  may  be  required  by  the  person 
issuing  the  badge  to  be  returned  upon  the  surrender  of  the  same, 
and  if  lost  the  badge  may  be  replaced  upon  the  payment  of  twen- 
ty-five cents.  Such  badges  shall  be  provided  by  the  State  in- 
spector and  paid  for  out  of  any  moneys  in  the  State  treasury  not 
otherwise  appropriated  and  shall  be  distributed  by  said  inspect- 
or to  the  superintendent  of  schools  on  or  before  January  the  first 
of  each  year.  Any  child  who  shall  engage  in  any  such  street  oc- 
cupations in  violation  of  the  provisions  of  this  section  shall  be 
deemed  delinquent  and  brought  before  any  court  or  magistrate 
having  jurisdiction  over  juvenile  delinquents  and  shall  be  dealt 
with  according  to  law.  The  official  charged  with  the  enforce- 
ment of  this  act  shall  have  authority  and  is  hereby  empowered 
to  investigate  each  case  where  he  believes  that  the  child  holding 
a  badge  is  not  entitled  to  its  possession,  and  if  he  is  satisfied 
from  the  evidence  obtained  that  the  child  has  secured  the  badge 
through  misrepresentation  or  fraud,  such  official  shall  have  the 
authority  to  revoke  the  badge  and  return  it  to  the  official  who 
issued  it.  Use  of  a  badge  shall  be  revoked  or  suspended  in  case 
the  child's  school  record  is  not  satisfactory  to  the  principal  of  the 
school  which  he  attends,  by  either  the  officer  who  issued  the 
badge  or  by  any  official  charged  with  the  enforcement  of  this 
act.  Any  person  who  sells  or  offers  for  sale,  any  article  of  any 
description  4;o  a  boy  under  sixteen  years  of  age  to  be  used  for  the 
purpose  of  sale  or  barter  upon  the  streets  or  in  any  public  place, 
shall  first  ascertain  that  such  a  boy  wears  his  own  badge  in  plain 
sight  as  herein  provided,  and  if  said  boy  has  no  badge,  no  article 
shall  be  sold  to  him.  Any  person  violating  this  provision  shall 
be  fined  not  less  than  one  and  not  more  than  fifty  dollars.     Po- 


155 

lice  officers,  and  other  peace  officers,  and  truant  officers  shall 
enforce  the  provisions  of  this  section. 

Section  14.    It  shall  be  the  duty  of  the  State  Prison  Inspec- 
tor or  the  Director  of  the  Child  Welfare  Department  when  the 
same  shall  have  been  established,  and  his  authorized  assistants 
to  inspect  as  frequently  as  possible  all  establishments  wherein 
minors  subject  to  the  provisions  of  this  act,  are,  or  may  be  em- 
ployed or  permitted  to  work  and  to  enforce  the  provisions  of  this 
act.     For  the  purpose  of  administering  this  act,  and  any  other 
laws  relating  to  the  employment  of  minors,  the  State  Prison  In- 
spector or  the  Director  of  the  Child  Welfare  Department  when 
the  same  shall  have  been  established,  may  be  designated  the  State 
Child  Labor  Inspector  and  his  deputy  inspectors  may,  in  per- 
formance of  their  duties  in  enforcing  the  provisions  of  this  act, 
be  known  as  deputy  child  labor  inspectors.     It  shall  be  the  duty 
of  the  inspector  to  institute  prosecution  for  the  violation  of  any 
of  the  provisions  of  this  act.     It  shall  be  the  duty  of  every  school 
attendance  officer  and  probation  officer  to  report  to  the  State 
Child  Labor  Inspector  any  and  all  violation  of  this  act  coming  to 
his  knowledge.     Such  school  attendance  officer  and  probation 
officers  shall  have  the  same  right  of  access  to  establishments 
where  minors  are  or  may  be  employed  or  detained  and  of  inspec- 
tion of  such  establishments  as  is  given  by  law  to  child  labor  in- 
spectors, provided  that  a  report  of  every  such  entry  and  inspec- 
tion of  said  establishments  shall  be  made  to  the  state  child  labor 
inspector.     Such  school  attendance  officers  and  probation  offic- 
ers, when  authorized  by  the  state  child  labor  inspector,  shall  have 
the  same  authority  to  institute  prosecutions  as  is  given  by  law  to 
the  state  child  labor  inspector  or  deputy  child  labor  inspector. 

Section  15.  Every  person,  firm  or  corporation,  owning  or 
controlling  any  establishment  wherein  minors  are  employed,  sub- 
ject to  the  provisions  of  this  act,  shall  keep  such  establishment 
in  a  sanitary  condition,  and  properly  ventilated,  and  shall  pro- 
vide suitable  and  convenient  water  closets  or  privies,  separate 
for  each  sex,  and  in  such  number  and  located  in  such  place  or 
places,  as  may  be  required  by  the  inspector ;.  and  when  twenty  or 
more  persons  are  employed,  sanitary  drinking  fountains  shall  be 
provided  in  such  number  as  the  inspector  may  deem  necessary. 
All  water  closets  shall  be  maintained  inside  such  establishments 
except,  where  in  the  opinion  of  the  inspector,  it  is  impracticable. 
In  all  such  establishments,  there  shall  be  separate  water  closets 
or  privy  compartments  for  females,  to  be  used  by  them  exclu- 
sively, and  notice  to  that  effect  shall  be  painted  on  the  outside  of 
such  compartments.  The  entrance  to  every  water  closet  or  privy 
in  such  establishment,  shall  be  effectively  screened  by  a  petition 
or  vestibule.  In  every  such  establishment  a  printed  copy  of  this 
act  shall  be  kept  conspiciously  posted. in  every  room  in  which 


166 

minor  persons  work.  It  shall  be  the  duty  of  every  inspector  to 
inspect  thoroughly  every  such  establishment,  to  issue  a  written 
order  for  the  correction  of  insanitary  or  unhealthful  conditions 
in  such  establishments,  and  to  compel  compliance  with  such  or- 
ders as  herein  provided. 

Section  16.  The  inspector  shall  have  free  access  at  any  time 
to  any  establishment  where  minors  are,  or  may  be  employed  or 
detained,  and  any  person  who  refuses  to  allow  the  inspector  to 
have  free  access  to  any  such  establishment  and  every  part  there- 
of, or  who  hinders  or  obstructs  him  in  his  inspection,  or  who 
makes  any  false  statement  to  the  inspector  about  the  establish- 
ments, its  operation  or  condition,  or  about  any  person  working 
or  detained  therein,  or  Who  refuses  to  comply  with  any  order 
issued  under  authority  of  section  15  of  this  act,  shall  be  guilty 
of  a  misdemeanor  and  shall  be  fined  not  less  than  fifty  nor  more 
than  one  hundred  dollars,  and  on  subsequent  conviction,  shall  be 
fined  not  less  than  two  hundred  dollars.  It  shall  be  the  duty  of 
the  inspector  to  remove  from  any  establishment  any  child  found 
employed,  working  or  detained  therein  contrary  to  the  law,  and 
to  remove  therefrom  any  child  who  is  afflicted  with  any  infec- 
tions, contagious  or  communicable  disease,  or  whose  physical 
condition  is  such  that  it  makes  it  hazardous  to  a  child  to  prose- 
cute such  work. 

Section  17.  Any  person,  firm,  or  corporation  who  violates 
any  of  the  provisions  of  this  act,  or  who  permits  any  child  to  be 
employed  or  to  work  in  or  about  or  be  detained  in,  or  be  in  or 
about  any  establishment,  contrary  to  law,  or  who  fails  or  refuses 
to  obey  within  a  reasonable  time  any  lawful  orders  or  directions 
given  by  the  state  officials  charged  with  the  enforcement  of  this 
act  and  any  parent,  guardian,  or  custodian  under  whose  care  or 
control  a  child  under  sixteen  years  of  age  is,  who  suffers  or  per- 
mits such  child  to  work  in  violation  of  any  of  the  provisions  of 
this  act  unless  a  special  penalty  is  herein  otherwise  provided, 
shall  be  deemed  guity  of  a  misdemeanor,  and  on  conviction  shall 
be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  and  upon  second  or  subsequent  conviction 
of  any  violation  of  any  of  the  provisions  of  this  act,  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars,  nor  more 
than  five  hundred  dollars. 

Section  18.  Any  person  who  makes  a  false  affidavit  when 
an  affidavit  is  required,  under  this  act  is  guilty  of  a  misdemean- 
or and  shall  upon  conviction,  be  punished  by  a  fine  of  not  less 
than  five  dollars  nor  more  than  twenty  dollars,  and  for  a  second 
or  subsequent  conviction  shall  be  imprisoned  not  more  than 
ninety  days. 

Section  19.  The  State  Prison  Inspector  or  the  Director  of 
the  Child  Welfare  Department  when  the  same  shall  have  been 


167 

established,  and  his  deputies,  when  traveling  in  the  performance 
of  their  duties  herein  prescribed,  shall  be  reimbursed  their  actu- 
al traveling  expenses,  when  approved  by  the  state  child  labor  in- 
spector and  by  the  governor  to  be  paid  on  the  warrant  of  the 
state  auditor. 

Section  20.  The  word  "inspector"  is  used  herein  to  designate 
or  mean  the  State  Prison  Inspector  or  the  Director  of  the  Child 
Welfare  Department  when  the  same  shall  have  been  established, 
or  his  duly  authorized  deputies,  such  deputies  being  hereby 
clothed  with  the  same  duties  and  authority  with  which  the  State 
Prison  Inspector  or  Director  of  the  Child  Welfare  Department 
when  the  same  shall  have  been  established  is  now  or  may  here- 
after be  clothed.  In  the  enforcement  of  the  provisions  of  this 
act,  the  State  Prison  Inspector  or  Director  of  the  Child  Welfare 
Department  when  the  same  shall  have  been  established,  and  his 
authorized  deputies  are  hereby  vested  with  the  same  authority 
as  deputy  sheriffs  in  each  and  every  county  in  the  State. 

Section  21.  All  laws  and  parts  of  laws  in  conflict  with  this 
act  are  hereby  repealed. 

Section  22.  If  any  section  of  this  act  shall  be  held  unconsti- 
tutional, in  whole  or  in  part,  the  fact  shall  not  effect  any  other 
section  of  this  act,  it  being  the  intention  of  the  legislature  in  en- 
acting this  act  to  enact  each  section  separately. 

Approved  September  30,  1919. 


No.  457.)  (S.  247— Bedsole. 

AN  ACT 

To  establish  a  child  welfare  department  for  the  State  of  Alabama,  to  pre- 
scribe its  duties,  functions,  and  powers,  to  provide  for  the  appointment 
of  an  executive  and  other  officers  of  such  department  to  define  their 
duties,  to  provide  for  their  compensation  and  to  provide  for  the  mainte- 
nance and  other  expenses  of  such  department,  and  confer  on  said  de- 
partment all  the  duties,  powers  and  authority  heretofore  conferred  on 
the  State  prison  inspector  insofar  as  his  duties,  powers,  and  authority 
relate  to  children  under  16  years  of  age. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.     That  there  is  hereby  established  for  the  State  of 
Alabama  a  Child  Welfare  Department,  to  be  located  in  the  State 
Capitol,  with  the  several  powers,  functions,  and  duties  herem- 
after  Drescribed. 

Section  2.  That  the  said  department  shall  have  the  power 
and  it  shall  be  its  duty  (1)  To  devise  the  plans  and  means  for  and 
have  general  oversight  over  the  welfare  work  for  mmor  chil- 
dren in  the  State.     (2)  To  advise  with  the  judges  and  probation 


168 

officers  of  the  Juvenile  Courts  of  the  several  counties  of  the 
State  and  to  encourage  and  perfect  the  work  of  such  courts 
throughout  the  State.  (3)  To  exercise  the  right  of  visitation, 
inspection  and  co-operative  supervision  of  all  State,  county,  mu- 
nicipal, and  other  institutions,  public  or  private,  receiving  or 
caring  for  children,  and  of  all  orphanages,  child  placing  socie- 
ties, and  of  all  maternity  hospitals  and  lying-in  homes.  Pro- 
vided, however,  that  nothing  contained  in  this  section  shall  be  so 
construed  as  to  supersede  or  interfere  with  the*  powers  and  du- 
ties of  the  Board  of  Control  and  Ecdnomy  heretofore  created  and 
established.  (4)  To  exercise  general  supervision  over  the  ad- 
ministration and  enforcement  of  existing  laws  governing  appren- 
ticeships, adoptions,  and  child  placing  agencies.  (5)  To  issue 
permits  to  orphanages  and  all  other  institutions  caring  for, 
receiving,  placing  or  handling  minor  children,  to  all  maternity 
hospitals  and  lying  in  homes,  and  to  revoke  any  such  permit  for 
cause.  (6)  To  require  reports  from  courts  and  institutions, 
public  and  private,  to  the  extent  and  in  the  form  and  manner 
hereinafter  provided.  (7)  To  enforce  all  laws  regulating  the 
employment  of  minor  children,  with  full  power  of  visitation  and 
inspection  of  all  factories,  industries,  and  other  establishments 
in  which  children  may  be  employed,  permitted  or  suffered  to 
work,  the  duties,  power  and  authority  with  reference  to  the 
Child  Labor  Law,  heretofore  or  hereafter  imposed  upon  the 
State  Prison  Inspector,  being  hereby  transferred  to  and  im- 
posed upon  the  Child  Welfare  Department  herein  created.  (8) 
To  make  surveys  and  to  hold  conferences  and  conventions  for 
the  purpose  of  carrying  out  the  provisions  of  this  Act  and  of  pro- 
moting the  welfare  of  minor  children,  and  to  that  end  to  enlist 
the  cooperation  of  any  State,  county  or  municipal  officials.  (9) 
To  solicit  and  receive  donations  of  money  and  other  things  of 
value  to  be  used  in  the  support  and  development  of  its  work  and 
activities.  (10)  To  co-operate  with  the  State  Department  of 
Education,  the  State  Board  of  Health,  all  State,  county,  and  mu- 
nicipal, benevolent  and  religious,  educational  and  correctional 
institutions,  and  to  solicit  the  aid  and  to  co-ordinate  the  activi- 
ties of  all  private  and  volunteer  social,  labor,  and  welfare  organ- 
ization on  all  subjects  affecting  the  health,  education,  morals  and 
general  welfare  of  minor  children.  (11)  To  est.ablish  and  main- 
tain homes,  receiving  stations,  or  other  agencies,  for  the  care  of 
dependent,  neglected  or  delinquent  minor  children,  or  to  contract 
with  such  institutions  for  their  care,  and  to  receive  minor  chil- 
dren committed  to  its  care  and  to  place  such  children  either  in 
family  homes,  or  in  institutions  caring  for  children,  and  to  su- 
pervise such  children  however  placed. 

Section  3.     (1)  That  the  Child  Welfare.  Department  shall  be 
under  the  control  of  a  Commissioner  consisting  of  the  Governor, 


169 

the  State  Superintendent  of  Education,  the  State  Health  Officer, 
ex-officio,  and  six  persons  to  be  appointed  by  the  Governor 
Whose  terms  of  office  beginning  from  the  date  of  their  appoint- 
ment shall  be  respectively,  two  for  two  years,  two  for  four  years, 
and  two  for  six  years,  the  said  terms  of  office  to  be  designated 
to  each  appointee  by  the  Governor  in  making  the  appointment. 
All  succeeding  appointees  shall  be  appointed  by  the  Governor 
and  shall  hold  office  for  a  term  of  six  years  and  until  their  suc- 
cessors are  appointed  and  qualified.  (2)  The  said  Commission 
shall,  within  sixty  days  after  the  approval  of  this  Act,  and  at  the 
call  of  the  Governor,  meet  at  the  State  Capitol  and  proceed  to 
organize  the  said  department.  It  shall  hold  at  the  State  Capitol 
at  least  one  regular  meeting  during  each  year,  and  as  many 
special  meetings  as  may  be  necessary.  At  such  meetings  five 
members  shalf  constitute  a  quorum.  The  Governor  shall  be  the 
presiding  officer,  but  in  case  of  his  absence,  the  Commission  shall 
have  authority  to  elect  a  temporary  presiding  officer.  If  there 
be  no  director  as  hereinafter  provided  for  the  Commission  may 
elect  a  secretary,  pro-tempore.  (3)  The  director  hereinafter 
provided  for  shall  be  the  secretary  of  the  Commission.  (4)  The 
members  of  the  Commission  shall  receive  no  compensation  for 
their  services  other  than  the  amount  of  their  traveling  and  other 
expenses,  actually  paid  out  while  in  attendance  on  meetings  of 
the  Commission,  or  on  the  business  of  the  department.  (5)  The 
Commission  is  empowered  to  adopt  rules  for  its  own  government, 
and  for  the  government  of  the  department;  to  elect  a  director 
and  to  provide  for  the  selection  or  appointment  of  other  officials 
or  employees  as  may  be  necessary  and  to  fix  their  compensation ; 
to  have  general  control  of  the  performance  of  every  duty  and  the 
execution  of  the  several  powers  herein  conferred  upon  the  de- 
partment; to  control  and  direct  the  expenditure  of  all  appropri- 
ations which  may  be  made  for  the  maintenance  of  the  depart- 
ment ;  and  to  do  and  perform  such  other  acts  and  things  as  may 
be  necessary  to  carry  out  the  true  intent  and  purposes  of  this 
Act. 

Section  4.  (1)  That  the  department  shall  be  under  the  im- 
mediate management  and  control  of  a  director  to  be  elected  by 
the  Commission  whose  term  of  office  shall  be  six  years  and  until 
his  successor  is  elected  and  qualified.  The  Commission  shall 
have  authority  to  discharge  at  any  time  the  director  at  its  pleas- 
ure. (2)  The  director  shall  take  oath  of  office,  as  other  public 
officials,  shall  be  commissioned  in  like  manner,  shall  devote  his 
entire  time  to  the  "work  of  the  department,  and  shall  receive  for 
his  services  the  sum  of  Three  Thousand  Dollars  per  annum,  pay- 
able monthly  as  other  State  officials  are  paid.  (3)  The  direct- 
or shall  have  full  control  and  direction  of  the  work  and  oper- 
ations of  the  department,  and  he  shall  use  his  best  endeavors  to 


170 

develop  and  carry  forward  the  various  activities  herein  provid- 
ed. 

Section  5.  That  it  is  hereby  made  the  duty  of  the  probate 
and  juvenile  court  judges  to  make  on  or  before  the  tenth  day  of 
each  month  a  report  to  the  Child  Welfare  Department  on  the 
work  of  juvenile  courts  administered  by  them,  and  all  appren- 
ticeships and  adoptions,  in  their  several  counties. 

Section  6.  That  it  is  hereby  made  the  duty  of  all  public  and 
private  reformatories,  correctional  and  child  caring  institutions, 
all  orphanages,  maternity  hospitals,  lying-in  homes,  or  other  in- 
stitutions having  or  exercising  any  jurisdiction  or  control  of,  or 
over  dependent,  neglected,  or  delinquent  children,  to  make  such 
reports  to  the  department,  and  at  such  times,  as  may  be  required 
by  its  rules,  including  the  extent  and  source  of  income,  cost  of 
maintenance,  number  of  inmates,  and  upon  all  such  other  sub- 
jects as  may  be  demanded.  All  reports  provided  for  in  this  and 
the  preceding  section  shall  be  upon  blanks  and  forms  provided 
by  the  Child  Welfare  Department.  Any  such  superintendent, 
manager,  or  person,  in  charge  of  such  institutions,  failing  or  re- 
fusing to  allow  such  visitation  or  inspection,  or  failing  or  refus- 
ing to  make  such  reports ;  or  to  furnish  the  information  to  said 
department  as  herein  provided  for,  shall  be  guilty  of  a  misde- 
meanor. It  is  hereby  made  the  duty  of  State  solicitors,  or  their 
assistants,  to  institute  proceedings  for  the  purpose  of  enforcing 
this  law. 

Section  7.  That  in  order  to  render  more  effective  the  provi- 
sions of  this  Act,  and  better  to  develop  its  objects  in  conserving 
the  interests  of  the  minor  children  of  the  State,  the  Commission 
herein  provided  for  is  empowered  to  devise  reasonable  minimum 
standards  for  the  conduct  of  such  orphanages,  institutions,  or 
societies,  or  other  agencies  receiving  or  caring  for  dependent, 
neglected,  or  delinquent  minor  children,  and  all  maternity  and 
lying-in-homes,  and  to  grant  permits  to  operate  to  such  of  these 
as  conform  to  the  standards.  All  orphanages,  or  other  institu- 
tions or  societies  or  agencies,  receiving  or  caring  for  dependent, 
neglected,  or  delinquent  minor  children,  and  all  maternity  and 
lying-in-homes  shall  be  required  to  obtain  a  permit  from  the  de- 
partment before  being  permitted  to  operate,  and  any  such  insti- 
tution carrying  on  any  of  the  functions  of  such  organizations  or 
any  person  or  persons  in  charge  of  such  institutions  without  first 
obtaining  such  permit  shall  be  guilty  of  a  misdemeanor.  Pro- 
vided, however,  that  all  such  institutions  now  operating  in  the 
State  shall  be  deemed  prima  facie  as  conforming  in  all  respects 
to  right  standards  and  regulations,  and  it  shall  be  the  duty  of  the 
department  to  issue  to  every  such  institution  a  permit  as  herein 
required,  but  institutions  shall  be  subject  to  future  inspections, 
and  to  conformity  to  the  standards,  and  regulations  which  may 


171 

be  prescribed  by  the  Department.  Power  is  conferred  upon  the 
Department  to  cancel  the  permit  herein  above  provided  for  on 
the  failure  of  any  such  organization  to  comply  with  the  stand- 
ards which  may  be  established  by  said  Department.  No  permit 
shall  be  granted  to  any  private  person,  organization,  institution, 
or  society,  to  receive,  care  for,  or  place  any  child  or  children  un- 
less such  person,  organization  or  society  is  chartered  as  provid- 
ed for  by  the  laws  of  the  State. 

Section  8.  That  the  Child  Welfare  Department  shall  occupy 
rooms  or  apartments  in  the  State  Capitol  to  be  set  aside  for  its 
use  by  the  Governor;  its  furnishings  and  equipment  shall  be 
supplied  from  the  Capitol,  Repair  and  Improvement  Fund  as 
other  State  offices,  its  stationery,  office  supplies  and  materials 
and  postage  shall  be  supplied  from  the  stationery  and  office  sup- 
plies and  postage  funds,  and  the  printing  and  binding  of  its  re- 
ports, bulletins,  circulars,  blank  forms  and  other  printing  as  may 
be  required  shall  be  paid  from  the  State  printing  fund. 

Section  9.  That  for  the  maintenance  of  the  Department  in- 
cluding the  payment  of  salaries  and  all  expenses  not  provided 
for  under  the  special  provisions  herein  provided,  the  sum  of 
Twelve  thousand  four  hundred  ($12,400.00)  dollars  is  hereby 
appropriated,  and  a  continuing  annual  appropriation  of  said 
sum  is  hereby  made. 

Section  10.  That  in  the  event  any  part  or  provision  of  this 
Act  is  declared  unconstitutional  or  inoperative  by  the  Courts,  it 
shall  only  affect  such  parts  or  provisions,  the  remainder  of  the 
Act  continuing  in  full  force  and  effect. 

Section  11.  That  all  laws  and  parts  of  laws,  general,  special, 
and  local  in  conflict  with  any  of  the  provisions  of  this  Act  be 
and  the  same  are  hereby  repealed. 

Approved  Sept.  25,  1919. 


No.  4.)  (S.  5 — Rogers  of  Sumter. 

AN  ACT 

To  amend  Section  9  of  an  act  entitled  "An  Act  To  establish  a  child  welfare 
department  for  the  State  of  Alabama,  to  prescribe  its  duties,  functions, 
and  powers,  to  provide  for  the  appointment  of  an  executive  and  other 
officers  of  such  department,  to  define  their  duties,  to  provide  for  their 
compensation  and  to  provide  for  the  maintenance  and  other  expenses  of 
such  department,  and  confer  on  said  department  all  the  duties,  powers 
and  authority  heretofore  conferred  on  the  State  prison  inspector  in  so 
far  as  his  duties,  powers,  and  authority  relate  to  children  under  16 
years  of  age,"  approved  September  25,  1919. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.     That  Section  9  of  an  Act  entitled  "An    Act    To 
establish  a  child  welfare  department  for  the  State  of  Alabama, 


172 

to  prescribe  its  duties,  functions,  and  powers,  to  provide  for  the 
appointment  of  an  executive  and  other  officers  of  such  depart- 
ment to  define  their  duties,  to  provide  for  their  compensation 
and  to  provide  for  the  maintenance  and  other  expenses  of  such 
department,  and  confer  on  said  department  all  the  duties,  powers 
and  authority  heretofore  conferred  on  the  State  prison  inspector 
in  so  far  as  his  duties,  powers  and  authority  relate  to  children 
under  16  years  of  age,"  approved  September  25,  1919,  be  and  the 
same  is  hereby  amended  so  as  to  read  as  follows : 

Section  9.  That  for  the  maintenance  of  the  Department  in- 
cluding the  payment  of  salaries  and  all  expenses  not  provided 
for  under  the  special  provisions  herein  provided,  the  sum  of 
Thirty  Thousand  Dollars  ($30,000.00)  is  hereby  appropriated, 
and  a  continuing  annual  appropriation  of  said  sum  is  hereby 
made. 

Approved  September  27,  1920. 


No.  763.)  (H.  944— Partridge. 

AN  ACT 

To  provide  for  the  establishment  and  maintenance  of  public  libraries  by 
counties;  to  provide  for  their  government  and  supervision,  and  to  au- 
thorize the  co-operation  and  affiliation  of  rural,  town,  and  village  school 
libraries  with  any  libraries  so  organized. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

1.  That  in  order  to  aid  in  the  development  of  higher  ideals 
of  citizenship  and  the  enlargement  of  opportunity  for  culture  and 
recreation,  and  in  order  to  afford  an  additional  agency  for  the 
further  up-building  of  the  educational  interests  of  the  State, 
the  court  of  county  commissioners,  the  board  of  revenue  or  other 
governing  body  of  the  counties  of  this  State  shall  have  the  right 
to  establish  and  maintain  or  aid. in  establishing  and  maintaining 
free  public  libraries,  for  the  use  of  the  citizens  of  their  respec- 
tive counties,  either  separately  or  in  connection  with  free  public 
libraries  or  subscription  libraries  already  established  therein,  or 
in  connection  with  the  public  schools,  and  to  that  end  may  accept 
gifts,  donations,  and  bequests  of  lands,  buildings  or  money  there- 
for, and  may  make  appropriations  from  the  county  treasury  in 
support  thereof  in  such  sums  as  they  may  deem  proper,  not  to 
exceed  five  thousand  dollars  annually. 

2.  That  for  the  government  and  supervision  of  such  libraries 
a  county  library  board  is  hereby  created,  consisting  of  the  Pro- 
bate Judge,  as  chairman,  and  the  county  superintendent  of  edu- 
cation, both  ex-officio,  and  three  others  to  be  elected  by  the  above 
named  county  authorities;  the  library  board  so    created    shall 


178 

have  full  power  and  authority  to  control  the  expenditure  of  all 
funds  received  or  appropriated  for  such  libraries;  to  erect  or 
rent  buildings  to  cost  not  in  excess  of  the  funds  available  to 
them ;  to  purchase  books  and  equipment,  to  provide  a  system  of 
circulating  or  traveling  libraries,  to  elect  a  librarian  and  other 
employees,  and  otherwise  to  have  full  authority  and  power  to 
manage  and  control  the  said  library  in  order  to  carry  out  the 
full  intent  and  purpose  of  this  act ;  and  a  careful  and  complete 
record  and  set  of  books  shall  be  kept  by  the  library  board,  show- 
ing the  proceedings  of  their  several  meetings  and  the  disburse- 
ments in  detail  of  all  funds  expended  by  them.  In  counties  where 
free  public  libraries  are  already  established  and  in  operation,  a 
separate  county  library  board  shall  not  be  appointed,  but  the 
county  libraries  and  the  appropriations  authorized  shall  be  ad- 
ministered by  the  governing  board  of  such  public  library,  on  such 
terms  as  may  be  agreed  upon  between  the  above  named  county 
authorities  and  the  said  governing  board. 

3.  That  any  rural,  town  or  village  school  library,  secured  or 
provided  under  act  of  April  13,  1911,  may  on  application  of  the 
district  library  board  to  the  county  library  board  affiliate  such 
library  With  the  county  library,  or  with  the  free  public  library 
administering  the  county  library,  in  accordance  with  rules  fixed 
by  the  county  library  board,  or  by  the  free  public  library  board. 

4.  That  it  shall  be  the  duty  of  the  Department  of  Archives 
and  History,  now  charged  with  the  library  extension  activities 
of  the  State,  to  encourage  the  establishment  of  such  libraries, 
and  shall  afford  free  advice  and  counsel  on  organization,  build- 
ings, staff,  book  purchases,  co-ordination  and  affiliation  of  school 
and  other  libraries,  and  on  such  other  subjects  as  may  arise  in 
connection  with  the  establishment  and  maintenance  of  such  li- 
braries; and  such  county  libraries  shall,  on  request,  make  such 
regular  and  special  reports  to  the  Department  as  may  be  requir- 
ed. 

Approved  September  30,  1919. 


No.  93.)  (S.  99— West. 

AN  ACT 

To  amend  Section  1  of  an  Act  entitled:  "An  Act  to  provide  for  the  estab- 
lishment and  maintenance  of  public  libraries  by  counties;  to  provide  for 
their  government  and  supervision,  and  to  authorize  the  co-operation  and 
affiliation  of  rural,  town  and  village  school  libraries  with  any  libraries 
so  organized." 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.     That  Section  1  of  an  Act  entitled  "An  Act  to  pro- 
vide for  the  establishment  and  maintenance  of  public  libraries 


174 

by  counties;  to  provide  for  their  government  and  supervision, 
and  to  authorize  the  co-operation  and  affiliation  of  rural,  town 
and  village  school  libraries  with  any  libraries  so  organized",  ap- 
proved September  30th,  1919,  be  amended  so  as  to  read  as  fol- 
lows :. 

1.  That  in  in  order  to  aid  in  the  development  of  higher  ideals 
of  citizenship  and  the  enlargement  of  opportunity  for  culture 
and  recreation,  and  in  order  to  afford  an  additional  agency  for 
the  further  upbuilding  of  the  educational  interests  of  the  State, 
the  court  of  county  commissioners,  the  board  of  revenue  or  other 
governing  body  of  the  counties  of  this  State  shall  have  the  right 
to  establish  and  maintain  or  aid  in  establishing  and  maintaining 
free  public  libraries,  for  the  use  of  the  citizens  of  their  respect- 
ive counties,  either  separately  or  in  connection  with  free  public 
libraries  or  subscription  libraries  already  established  therein,  or 
in  connection  with  the  public  schools,  and  to  that  end  may  accept 
gifts,  donations,  and  bequests  of  lands,  buildings  or  money  there- 
for, and  may  make  appropriations  from  the  county  treasury  in 
support  thereof  in  such  sums  as  they  may  deem  proper,  not  to 
exceed  five  thousand  dollars  annually;  provided,  however,  that 
in  counties  having  at  least  150,000  inhabitants,  as  shown  by  the 
1920  Federal  Census  and  any  subsequent  census,  the  appropria- 
tions from  the  county  treasury  for  such  purpose  shall  not  exceed 
$10,000.00  annually. 

Approved  October  6,  1920. 


No.  637.)  (S.  240— West. 

AN  ACT 

To  provide  for  the  inspection  of  all  public  or  private  hospitals,  reformatories, 
houses  of  detention,  convents,  asylums,  sectarian  seminaries,  schools  or 
other  institutions  in  the  State  of  Alabama;  to  authorize  the  appoint- 
ment of  inspectors,  and  to  provide  penalties  for  the  violation  of  any  of 
the  provisions  hereof. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.  That  all  public  or  private  hospitals,  reforma- 
tories, houses  of  detention,  convents,  asylums,  sectarian  semi- 
naries, schools  or  other  like  institutions  in  the  State  of  Alabama 
shall  be  subject  to  inspection,  and  open  to  inspection,  by  the 
inspectors  hereinafter  provided,  at  any  and  all  times  between 
the  hours  of  8  A.  M.  and  7  P.  M.,  and  at  any  other  hour  than 
those  named,  should  the  necessity  therefor  arise. 

Section  2.  That  such  inspection  shall  be  made  by  an  inspec- 
tor or  inspectors  appointed  by  the  governor  of  the  State  of  Ala- 
bama— and  it  shall  be  the  duty  of  the  governor  to  appoint  such 


175 

inspector  or  inspectors  and  to  direct  when  and  where  such  in- 
spection or  inspections  shall  be  made. 

Section  3.  Such  inspector  or  inspectors,  when  appointed, 
shall  make  a  careful  inspection  of  the  institution,  directed  to  be 
inspected,  as  to  its  sanitary  conditions  inside  and  outside  of  the 
buildings,  all  rooms  in  such  building  or  buildings,  and  the  sur- 
rounding grounds  and  out  houses  belonging  to  or  connected 
with  such  institution;  shall  have  full  power  and  authority,  and 
it  shall  be  the  duty  of  such  inspector  or  inspectors  to  make  in- 
quiry of  all  those  kept,  boarded  or  confined  in  such  institution, 
separate  and  apart  from  the  presence  of  any  officer  or  other 
person  connected  in  any  way  with  such  institution,  as  to  their 
treatment,  whether  they  or  others  there  are  subject  to  involun- 
tary confinement,  or  servitude,  or  are  forcibly  detained  or  unlaw- 
fully confined  in  such  institution;  the  declared  purpose  of  this 
section  being  to  afford,  within  the  confines  of  the  institution, 
and  free  from  interference  by  or  intimidation  from  any  officer  or 
other  person  in  any  way  connected  with  said  institution,  a  full 
opportunity  to  get  the  facts  from  any  one  therein  kept,  boarded 
or  confined  as  to  the  manner  in  which  such  institution  is  con- 
ducted, and  whether  any  one  therein  is  involuntarily  confined, 
subjected  to  servitude  or  forcibly  detained,  or  unlawfully  held. 

Section  4.  That  such  inspector  or  inspectors,  as  soon  after 
making  an  inspection  as  practical,  shall  file  in  duplicate  one  with 
the  governor  of  the  State  of  Alabama  and  one  with  the  Superin- 
tendent of  Education  of  the  State  of  Alabama,  a  report  in  writ- 
ing covering  the  points  of  inspection  herein  set  out,  and  such 
other  things  as  may  seem  pertinent  to  the  purposes  of  such  in- 
spection, and  stating  conditions  just  as  he  found  them,  and  as 
they  are  reported  to  him  or  them  by  those  residing  in  or  kept 
or  confined  in  such  institution;  and  this  report  shall  be  open  to 
inspection  by  any  citizen  of  the  State  of  Alabama,  or  any  officer 
or  agent  of  the  federal  government. 

Section  5.  That  it  shall  be  unlawful  for  any  officer  or  agent 
of  any  institution  directed  to  be  inspected,  or  for  any  other  per- 
son, whether  connected  with  said  institution  or  not,  to  in  any 
way  hinder  or  impede,  oppose  or  prevent  any  inspector  or  inspec- 
tors from  performing  their  or  his  duty  in  making  an  inspection, 
when  directed  so  to  do  by  the  authority  or  authorities  herein 
mentioned,  and  any  person  convicted  of  violating  any  of  the  pro- 
visions hereof  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  less  than  fifty,  nor  more  than  five 
Hundred  Dollars,  and  also  be  sentenced  to  hard  labor  for  the 
county  for  not  less  than  thirty,  nor  more  than  one  hundred  and 
eighty  days. 

Section  6.  That  any  inspector  or  inspectors  appointed  as 
herein  provided,  and  who  accepts  such  an  appointment,  who  shall 


176 

divulge  to  any  person  or  persons  until  the  inspection  is  made,  the 
fact  of  his  appointment  or  when  or  where  he  will  perform  the 
inspection  of  any  institution  directed  to  be  inspected  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not 
less  than  fifty  nor  more  than  five  hundred  dollars,  and  may  also 
be  sentenced  to  hard  labor  for  the  county  for  not  less  than  thirty 
nor  more  than  one  hundred  and  eighty  days. 

Section  7.  That  all  laws,  local  special  and  general  or  either 
in  conflict  with  the  provisions  of  this  act  be  and  they  are  hereby 
expressly  repealed. 

Approved  September  30,  1919. 


No.  571.)  (H.  523— Long  of  Sumter. 

AN  ACT 

To  provide  for  holding  district  and  county  fairs  for  boys'  agricultural  and 
girls'  home  demonstration  clubs;  to  prescribe  the  manner  in  which  they 
shall  be  held;  to  create  boards  of  directors  for  district  and  county  fairs 
for  boys'  agricultural  and  girls'  home  demonstration  clubs  in  each  coun- 
ty; to  create  fair  districts  for  boys'  agricultural  and  girls'  home  demon- 
stration clubs  in  each  county;  to  create  fair  district  committees  for  boys' 
agricultural  and  girls'  home  demonstration  clubs  in  each  county;  to 
provide  for  holding  meetings  of  instruction  for  members  of  the  boys' 
agricultural  and  girls'  home  demonstration  clubs;  to  make  appropria- 
tions for  such  fairs  and  to  prescribe  methods  for  drawing  and  spending 
same. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

Section  1.  That  from  and  after  the  passage  of  this  Act  the 
probate  judge  or  chairman  of  the  county  board  of  revenue  or 
county  commissioners  or  other  body  having  similar  jurisdiction 
in  the  county,  the  county  superintendent  of  education,  the  county 
farm  demonstration  agent,  and  the  county  home  demonstration 
agent  are  hereby  created  a  board  of  directors  for  district  and 
county  fairs  for  boys'  agricultural  and  girls'  home  demonstra- 
tion clubs  in  each  county.  The  probate  judge  or  chairman  of  the 
county  board  of  revenue  or  county  commissioners  or  other  body 
having  similar  jurisdiction  in  the  county,  shall  be  ex-officio 
chairman  of  said  board  of  directors.  A  majority  of  said  board 
of  directors  shall  constitute  a  quorum  for  the  transaction  of  all 
business.  The  said  board  of  directors  shall  designate  some  re- 
liable and  responsible  bank  in  the  county  to  receive  and  disburse 
all  funds  for  all  district  and  county  fairs  created  by  this  Act  as 
directed  by  said  board  of  directors. 


177 

Section  2.  Said  board  of  directors  shall  at  once  divide  the 
county  into  ten  fair  districts  for  boys'  agricultural  and  girls' 
home  demonstration  clubs  based  upon  the  school  attendance  in 
the  rural  schools  for  the  previous  school  year  and  the  general 
topography  of  the  county.  Each  of  the  said  fair  districts  shall 
contain  as  nearly  as  practicable  an  equal  number  of  boys  and 
girls  of  school  age.  Each  year  thereafter  not  later  than  the  first 
Monday  in  July  the  said  board  of  directors  in  each  county  shall 
meet  and  either  declare  the  fair  districts  as  before  in  effect  or 
make  such  changes  based  on  the  school  attendance  of  the  previ- 
ous year  and  the  general  topography  of  the  county  as  seem  for 
the  best  interests  of  the  several  districts  and  the  county.  The 
said  board  of  directors  shall  select  a  chairman  and  two  associate 
members  as  the  fair  district  committee  for  boys'  agricultural  and 
girls'  home  demonstration  clubs  for  organizing  and  supervising 
the  district  fair  in  each  fair  district. 

Section  3.  The  said  board  of  directors  in  each  county  shall 
have  the  authority  for  the  expenditure  of  all  funds  as  provided 
by  this  Act  for  all  district  and  county  fairs  for  boys'  agricultural 
and  girls'  home  demonstration  clubs  held  in  the  county;  shall 
make  all  rules  and  regulations  and  shall  set  dates  for  holding 
district  and  county  fairs  as  provided  for  by  this  Act,  provided 
that  all  boys  and  girls  making  exhibits  and  competing  for  pre- 
miums are  either  regular  members  of  the  boys'  agricultural  and 
the  girls'  home  demonstration  clubs  as  organized  under  the  su- 
pervision of  the  farm  and  home  demonstration  agents  in  each 
county  or  students  of  vocational  classes  under  the  Smith-Hughes 
Law,  and  that  they  submit  records  of  their  work  along  with  their 
exhibits ;  and  provided  further  that  as  far  as  practicable  prem- 
iums shall  be  offered  so  as  to  make  an  equitable  and  fair  division 
of  funds  between  boys  and  girls  so  as  to  stimulate  the  maximum 
interest  in  home  gardening,  canning,  agriculture  and  livestock. 
All  district  fairs  as  provided  for  by  this  Act  in  any  county  shall 
be  held  prior  to  the  said  county  fair  in  the  same  county.  All 
county  fairs  for  boys'  agricultural  and  girls'  home  demonstration 
clubs  shall  be  held  not  later  than  November  the  15th  of  each 
year. 

Section  4.  That  when  a  petition  is  filed  with  the  probate 
judge  or  chairman  of  the  county  board  of  revenue  or  county 
commissioners  or  other  body  having  similar  jurisdiction  in  the 
county,  signed  by  a  majority  of  the  legal  voters  in  any  fair  dis- 
trict and  accompanied  by  $25.00  which  is  to  be  used  in  offering 
premiums  and  otherwise  aiding  in  paying  the  expenses  of  the  dis- 
trict fair,  the  county  board  of  revenue  or  county  commissioners 
or  other  body  having  similar  jurisdiction  in  the  county  may  de- 
clare this  Act  in  force  for  said  district,  and  appropriate  an  ad- 


178 

ditional  $25  for  the  purpose  of  offering  premiums  and  aiding 
in  paying  other  expenses  incurred  in  holding  a  district  fair  in 
said  district.  Each  year  thereafter  when  the  fair  district  com- 
mittee in  any  fair  district  raises  $25  in  the  district,  which  is  to 
be  used  in  offering  premiums  and  in  otherwise  aiding  in  pay- 
ing the  expenses  of  the  district  fair,  and  deposits  it  with  the  pro- 
bate judge  or  chairman  of  the  county  board  of  revenue  or  county 
commissioners  or  other  body  having  similar  jurisdiction  in  the 
county,  the  county  board  of  revenue  or  county  commissioners  or 
other  body  having  similar  jurisdiction  in  the  county  shall  appro- 
priate an  additional  $25  for  the  purpose  of  offering  premiums 
and  aiding  in  paying  other  expenses  incurred  in  holding  a  dis- 
trict fair  in  said  district. 

Section  5.  When  a  majority  of  said  fair  districts  in  any 
county  qualify  for  holding  district  fairs,  the  county  board  of 
revenue  or  county  commissioners  or  other  body  having  similar 
jurisdiction  in  the  county  may  declare  this  Act  for  holding  a 
county  fair  for  boys'  agricultural  and  girls'  home  demonstration 
clubs  in  force  and  appropriate  $500  for  the  purpose  of  offering 
premiums  and  paying  other  expenses  incident  to  holding  said 
county  fair  and  for  paying  any  expenses  incident  to  holding 
county  meetings  of  members  of  the  boys'  agricultural  and  girls' 
home  demonstration  clubs  for  special  instruction  in  the  various 
agricultural  and  home  demonstration  club  activities  in  which 
the  boys  and  girls  may  be  engaged.  When  any  county  qualifies 
for  holding  a  county  fair  for  boys'  agricultural  and  girls'  home 
demonstration  clubs,  there  is  hereby  appropriated  out  of  the 
State  Treasury  from  any  funds  not  otherwise  appropriated  the 
sum  of  $100  annually  to  be  used  in  offering  premiums  and  other- 
wise aiding  in  paying  the  expenses  of  said  county  fair.  The 
State  fund  is  to  be  available  to  a  county  when  the  State  Auditor 
receives  a  certified  statement  from  the  probate  judge  or  chair- 
man of  the  county  board  of  revenue  or  county  commmissioners  or 
other  body  having  similar  jurisdiction  in  the  county  showing 
that  the  county  has  qualified  for  holding  said  county  fair.  The 
State  warrant  for  said  $100  for  each  county  shall  be  drawn  in 
the  name  of  the  probate  judge  or  chairman  of  the  county  board 
of  revenue  or  county  commissioners  or  other  body  having  similar 
jurisdiction  in  the  county. 

Section  6.  That  all  laws  and  parts  of  laws  in  conflict  with 
this  Act  or  any  part  of  this  Act  are  hereby  repealed. 

Approved  September  30,  1919. 


179 

No.  555.)  (S.  651— Brown. 

AN  ACT 

To  amend  an  Act  approved  February  14,  1919,  entitled  "An  Act  To  provide 
for  extension  work  in  agriculture  and  home  economics  by  giving  instruc- 
tion to  men,  women  and  young  people  in  the  several  counties  in  Ala- 
bama, by  continuing  and  improving  farm  demonstration  work,  by  organ- 
izing marketing  clubs,  by  organizing  and  supervising  boys*  corn  and  pig 
clubs,  girls'  canning  clubs,  women's  clubs  in  home  economics  and  by  con- 
ducting other  extension  work  through  other  means,  all  with  a  view  to 
making  farm  life  more  profitable  and  attractive;  to  secure  for  Alabama 
the  full  amount  of  the  funds  conditionally  appropriated  by  Congress 
under  the  Smith-Lever  Extension  Act  for  extension  work  in  agriculture 
and  home  economics;  and  to  make  appropriations  for  these  purposes." 

Be  it  enacted  by  the  Legislature  of  Alabama: 

That  an  Act  approved  February  14,  1919,  entitled  "An  act 
to  provide  for  extension  work  in  agriculture  and  home  economics 
by  giving  instruction  to  men,  women,  and  young  people  in  the 
several  counties  in  Alabama,  by  continuing  and  improving  farm 
demonstration  work,  by  organizing  marketing  clubs,  by  organiz- 
ing and  supervising  boys'  corn  and  pig  clubs,  girls'  canning 
clubs,  women's  clubs  in  home  economics  and  by  conducting  other 
extension  work  through  other  means,  all  with  a  view  of  making 
farm  life  more  profitable  and  attractive;  to  secure  for  Alabama 
the  full  amount  of  the  funds  conditionally  appropriated  by  Con- 
gress under  the  Smith-Lever  Extension  Act  for  extension  work 
in  agriculture  and  home  economics ;  and  to  make  appropriations 
for  these  purposes,"  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows : 

Section  1.  That  in  order  to  aid  in  diffusing  among  the  people 
of  Alabama  in  the  several  counties  useful  and  practical  infor- 
mation on  subjects  relating  to  agriculture  and  home  economics; 
to  provide  for  the  continuance  and  improvement  of  farm  demon- 
stration work;  for  organizing  live  stock,  marketing  and  other 
agricultural  clubs,  and  otherwise  assisting  farmers  in  preparing 
for  market  and  marketing  their  crops  and  live  stock ;  for  organ- 
izing and  supervising  boys'  corn  clubs  and  pig  clubs,  girls'  can- 
ning clubs,  home  economics  and  other  clubs  for  women;  to  en- 
courage diversification  of  crops  and  better  methods  of  farming 
and  stock  raising;  to  promote  the  welfare  of  the  rural  districts 
by  other  forms  of  agriculture  and  home  economics  extension 
work ;  and  to  secure  for  expenditure  in  Alabama  the  full  amounts 
appropriated  conditionally  by  the  Congress  of  the  United  States 
under  the  agricultural  extension  act,  approved  May  8th,  1914, 
generally  known  as  the  Smith-Lever  act  for  extension  work  in 
agriculture  and  home  economics  in  the  several  states,  the  fol- 


180 

lowing  sums  shall  be,  and  are  hereby,  appropriated  to  the  Ala- 
bama Polytechnic  Institute  out  of  any  moneys  in  the  Treasury 
npt  otherwise  appropriated,  for  carrying  out  the  purposes  of 
this  act:  For  the  fiscal  year,  beginning  October  1,  1919,  the 
sum  of  sixty-eight  thousand  ($68,000)  dollars;  for  the  fiscal  year 
beginning  October  1,  1920,  the  sum  of  eighty-six  thousand  ($86,- 
000)  dollars;  for  the  fiscal  year  beginning  October  1,  1921,  the 
sum  of  one  hundred  four  thousand  ($104,000)  dollars;  for  the 
fiscal  year  beginning  October  1,  1922,  the  sum  of  one  hundred 
twenty-two  thousand  ($122,000)  dollars. 

Section  2.  These  sums  shall  be  expended  under  the  direction 
of  the  board  of  Trustees  of  the  Alabama  Polytechnic  Institute, 
which  board  of  trustees  shall  appoint  a  committee  of  three  men 
with  the  governor  of  the  State  as  chairman  and  the  said  commit- 
tee shall  direct  the  extension  service  of  said  institute  in  the  ex- 
penditure of  all  moneys  whatever  relevant  to  the  putting  into 
effect  of  this  act,  and  in  such  manner  as  to  secure  for  extension 
work  in  Alabama  in  any  year  the  maximum  amount  of  the  fund 
conditionally  appropriated  for  that  year  by  the  Congress  of  the 
United  States  under  the  terms  of  the  agricultural  extension  act, 
generally  known  as  the  Smith-Lever  act,  approved  May  8th, 
1914.  If  there  should  remain  in  any  year  any  balance  of  the 
State  appropriation  after  satisfying  the  requirements  of  the  said 
Smith-Lever  act  of  Congress,  these  balances  may  be  used  with 
the  approval  of  the  above  mentioned  commission  in  providing 
quarters  for  the  official  and  public  use  of  persons  engaged  in 
extension  work  in  Alabama  and  for  other  purposes  related  to 
extension  work.  Any  balance  remaining  unexpended  at  the  end 
of  any  fiscal  year  shall  be  added  to  the  amount  available  for  the 
next  ensuing  year,  except  as  modified  by  the  provisions  of  an  act 
approved  February  11,  1919,  to  provide  for  a  State  Budget  Com- 
mission. Any  revenue  derived  from  the  sale  of  equipment  or 
other  articles  shall  be  further  applied  for  the  purposes  of  this 
Act. 

Section  3.  The  sums  appropriated  by  this  Act  shall  be  paid 
each  year  in  equal  quarterly  payments  in  advance  on  the  first 
day  of  October,  January,  April  and  June,  respectively,  to  the 
Treasurer  of  the  Alabama  Polytechnic  Institute,  on  the  requis- 
ition of  the  President  of  the  Institute. 

Section  4.  On  or  before  the  fifteenth  day  of  each  month  the 
Extension  Service  of  the  Alabama  Polytechnic  Institute  shall 
make  a  report  to  the  Governor  showing  to  whom  any  moneys 
were  paid  during  the  preceding  month,  naming  the  amount  paid 
to  each  person  and  the  cause  or  causes  for  which  said  moneys 
were  paid,  with  such  degree  of  itemizing  as  the  Governor  may 
require. 


181 

Section  5.  All  laws  and  parts  of  laws  in  conflict  with  this 
Act  are  hereby  repealed,  but  nothing  in  this  Act  shall  be  con- 
strued as  repealing  the  Act  approved  February  11,  1911,  for 
farm  demonstration  work  in  Alabama,  which  Act  provides  a 
fund  for  farm  demonstration  work  in  cooperation  with  the  Fed- 
eral Department  of  Agriculture  that  is  now  represented  in  Ala- 
bama by  the  Extension  Service  of  the  Alabama  Polytechnic  Insti- 
tute. 

Approved  September  30,  1919. 


No.  30.)  (S.  35— Carmichael 

AN  ACT 

To  amend  section  1  of  an  act  entitled  "An  act  to  amend  an  act  approved 
February  14,  1919  entitled  "An  Act  to  provide  for  extension  work  in 
agriculture  and  home  economics  by  giving  instruction  to  men,  women 
and  young  people  in  the  several  counties  in  Alabama,  by  continuing  and 
improving  farm  demonstration  work,  organizing  marketing  clubs,  by 
organizing  and  supervising  boys'  com  and  pig  clubs,  girls'  canning  clubs, 
women's  clubs  in  home  economics  and  by  conducting  other  extension 
work  through  other  means,  all  with  a  view  to  making  farm  life  more 
profitable  and  attractive;  to  secure  for  Alabama  the  full  amount  of  the 
funds  conditionally  appropriated  by  Congress  under  the  Smith-Lever 
Extension  Act  for  extension  work  in  agriculture  and  home  economics; 
and  to  make  appropriations  for  these  purposes;  approved  September 
30,  1919." 

Be  it  enacted  by  the  Legislature  of  Alabama : 

That  Section  1  of  an  act  approved  September  30,  1919  entitled 
"An  Act  to  provide  for  extension  work  in  agriculture  and  home 
economics  by  giving  instruction  to  men,  women  and  young  peo- 
ple in  the  several  counties  in  Alabama  by  continuing  and  im- 
proving farm  demonstration  work,  organizing  marketing  clubs, 
by  organizing  and  supervising  boys'  corn  and  pig  clubs,  girls' 
canning  clubs,  women's  clubs  in  home  economics  and  by  conduct- 
ing other  extension  work  through  other  means,  all  with  a  view 
to  making  farm  life  more  profitable  and  attractive  to  secure  for 
Alabama  the  full  amount  of  the  funds  conditionally  appropri- 
ated by  Congress  under  the  Smith-Lever  Extension  Act  for  ex- 
tension work  in  agriculture  and  home  economics;  and  to  make 
appropriations  for  these  purposes."  Be  and  the  same  is  hereby 
amended  to  as  to  read  as  follows : 

Section  1.  That  in  order  to  aid  in  diffusing  among  the  people 
of  Alabama  in  the  several  counties  useful  and  practical  informa- 
tion on  subjects  relating  to  agriculture  and  home  economics,  to 
provide  for  the  continuance  and  improvement  of  farm  demon- 


182 

btration  work;  for  organizing  live  stock,  marketing  and  other 
agricultural  clubs  and  otherwise  assisting  farmers  in  preparing 
for  market  and  marketing  their  crops  and  live  stock ;  for  organ- 
izing and  supervising  boys'  corn  clubs  and  pig  clubs,  girls'  can- 
ning clubs,  home  economics  and  other  clubs  for  women ;  to  en- 
courage diversification  of  crops  and  better  methods  of  farming 
and  stock  raising;  to  promote  the  welfare  of  the  rural  districts 
by  other  forms  of  agricultural  and  home  economics  extension 
work ;  and  to  secure  for  expenditure  in  Alabama  the  full  amounts 
appropriated  conditionally  by  the  Congress  of  the  United  States 
under  the  agricultural  extension  act,  approved  May  8th,  1914, 
generally  known  as  the  Smith-Lever  Act  for  extension  work  in 
agriculture  and  home  economics  in  the  several  states,  the  follow- 
ing sums  shall  be,  and  are  hereby,  appropriated  to  the  Alabama 
Polytechnic  Institute  out  of  any  moneys  in  the  treasury  not  oth- 
erwise appropriated,  for  carrying  out  the  purposes  of  this  act: 
For  the  fiscal  year,  beginning  October  1,  1919,  the  sum  of  sixty- 
eight  thousand  ($68,000)  dollars;  for  the  fiscal  year  beginning 
October  1,  1920,  the  sum  of  ninety  thousand  five  hundred 
($90,500)  dollars;  for  the  fiscal  year  beginning  October  1,  1921, 
the  sum  of  one  hundred  eight  thousand  five  hundred  ($108,500) 
dollars ;  for  the  fiscal  year  beginning  October  1,  1922,  the  sum  of 
one  hundred  twenty-six  thousand  five  hundred  ($126,500)  dol- 
lars; for  the  fiscal  year  beginning  October  1,  1923,  the  sum  of 
one  hundred  forty-four  thousand  five  hundred  ($144,500)  dol- 
lars ;  for  the  fiscal  year  beginning  October  1,  1924  and  annually 
thereafter,  the  sum  of  one  l;undred  sixty-two  thousand  and  five 
hundred  ($162,500)  dollars. 

Approved  September  30,  1920. 


No.  391.)  S.  J.  R.  120— Carmichael. 

SENATE  JOINT  RESOLUTION 

Relating  to  Federal  aid  for  the  promotion  or  development  of 
mines  and  mining,  and  mining  engineering  in  the  State  of  Ala- 
bama. 

Whereas,  The  Alabama  Education  Commission  has  recom- 
mended the  concentration  at  the  University  of  Alabama  of  train- 
ing and  investigations  in  Mining  Engineering  and  the  authori- 
ties of  the  two  State  engineering  colleges  have  accepted  this 
recommendation,  and 

Whereas,  it  appears  that  certain  advantages  may  in  future 
years  accrue  to  the  several  States  in  the  development  of  mines 


183 

and  mining  by  the  action  of  the  Federal  Government:    NOW 
THEREFORE 

Be  it  resolved  by  the  Senate  of  the  State  of  Alabama,  the 
House  concurring, 

1.  That  the  department  of  miniijg  engineering  of  the  Univer- 
sity of  Alabama  be  and  hereby  is  declared  to  be  the  "School  of 
Mines"  of  the  State  of  Alabama. 

2.  That  Alabama's  share  of  such  Federal  aid  as  may  here- 
after be  provided  by  Congress  for  the  promotion  or  development 
of  mines  and  mining,  and  mining  engineering  in  the  several 
States  through  educational  agencies,  shall  be  put  at  the  exclusive 
disposal  of  the  University  of  Alabama  to  be  utilized  in  connec- 
tion with  or  by  that  institution  in  such  manner  as  the  Federal 
lav^  and  regulations  may  prescribe. 

Approved  September  20,  1919. 


No.  278.)  (H.  412— Jones  of  Montgomey. 

AN  ACT 

To  authorize  and  require  the  city  school  board,  or  city  board  of  education,  or 
by  whatever  name  called  in  all  cities  or  towns  of  this  State  having  a 
population  of  not  less  than  thirty-eight  thousand  nor  more  than  forty 
thousand,  according  to  the  last  or  any  succeeding  Federal  census,  to 
provide  a  pension  or  retiring  allowance  for  teachers  who  have  served  in 
the  public  schools  of  such  city  or  tovni. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  the  city  school  board,  or  city  board  of  edu- 
cation, or  by  v^hatever  name  called,  in  all  cities  or  tov^ns  of  this 
State  having  a  population  of  not  less  than  38,000  nor  more  than 
40,000  according  to  the  last  or  any  succeeding  Federal 
census,  is  hereby  authorized  and  required,  on  application  in 
writing,  to  retire  any  teacher  who  has  taught  in  the  public  schools 
of  such  city  for  twenty-one  years  or  more,  and  is  at  the  time  on 
the  roll  of  teachers  of  any  such  city  or  town,  and  who,  at  the  ex- 
piration of  such  period  shall  be  in  such  mental  or  physical  con- 
dition as  to  be  unable  or  incapacitated  to  teach  longer,  such  in- 
ability or  incapacity  to  be  determined  by  said  board,  and  a 
statement  thereof  spread  upon  the  minutes  of  said  board. 

Section  2.  That  the  city  school  board  or  city  board  of  educa- 
tion or  by  whatever  name  called,  in  all  cities  or  towns  of  this 
State  having  a  population  of  not  less  than  38,000  nor  more  than 
40,000  according  to  the  last  or  any  succeeding  Federal  census, 
is  hereby  authorized  and  required  on  application  in  writing  to 
place  on  the  retired  list  of  school  teachers  any  person  who  is  at 


184 

the  time  a  resident  citizen  of  any  such  city  or  town  and  who 
taught  in  the  public  school  of  such  city  twenty-one  years  or  more 
at  any  time  in  the  past  and  who  shall  be  at  the  time  of  such  appli- 
cation in  such  mental  or  physical  condition  as  to  be  unable  or 
incapacitated  to  teach  longer,, such  inability  or  incapacity  to  be 
determined  by  said  board  and  a  statement  thereof  spread  upon 
the  minutes  of  said  board ;  it  being  the  intention  of  this  act  that 
such  person  shall  enjoy  the  full  benefits  of  this  act. 

Section  3.  The  amount  of  pension  or  retiring  allowance  pro- 
vided for  in  sections  1  and  2  of  this  act  shall  be  one  half  of  the 
highest  salary  received  by  any  such  teacher  during  the  period 
of  service,  but  not  to  exceed  the  sum  of  $600.00  per  annum. 

Section  4.  Such  pension  or  retiring  allowance  shall  be  paid 
out  of  the  regular  school  funds  monthly,  as  salaries  of  other 
teachers  are  paid. 

Section  5.  This  act  shall  take  effect  upon  its  approval  by  the 
governor. 

Approved  September  2,  1919. 


No.  701.)  (S.  442— Briscoe. 

AN  ACT 

To  create  the  office  of  State  Fire  Marshal,  and  to  provide  for  the  appoint- 
ment of  deputy  marshals  and  assistants,  to  define  their  powers  and  du- 
ties and  to  fix  their  compensation;  provide  ways  and  means  for  the 
enforcement  of  this  act  and  penalties  for  violation  thereof;  and  to  pro- 
vide means  for  defraying  the  expenses  incurred  under  the  provisions 
hereof. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  2.  Be  it  further  enacted.  That  it  shall  be  the  duty 
of  the  State  Fire  Marshall,  his  deputies  and  assistants,  to  enforce 
the  laws  and  ordinances  of  the  State,  and  the  provisions  of  this 
Act,  in  counties,  cities  and  districts  thereof  relating  to  First: 
Prevention  of  fires.  Second :  Storage,  sale  and  use  of  combust- 
ibles and  explosives.  Third:  Installation  and  maintenance  of 
automatic  and  other  fire  alarm  systems  and  fire  extinguishing 
equipment.  Fourth:  Construction,  maintenance  and  regulation 
of  fire  escapes.  Fifth :  The  means  and  adequacy  of  exits  in  case 
of  fire  from  factories,  asylums,  hospitals,  churches,  schools,  halls, 
theatres,  amphitheatres,  and  all  other  places  in  which  numbers  of 
persons  live,  work  or  congregate  from  time  to  time  for  any  pur- 
pose or  purposes.  Sixth :  Suppression  of  arson,  and  the  investi- 
gation of  the  cause,  origin  and  circumstance  of  fires.  The  State 
Fire  Marshal,  his  deputies  and  Assistants,  shall  have  such  other 
powers,  and  perform  such  other  duties,  as  set  forth  in  other  sec- 


185 

tions  of  this  Act,  and  as  may  be  conferred  and  imposed  upon 
them  from  time  to  time  by  the  laws  of  this  State. 

Section  13.  Be  it  further  enacted,  that  it  shall  be  the  duty 
of  the  State  Fire  Marshal,  his  deputies  and  assistants,  to  require 
officials  and  teachers  of  public  and  private  schools  and  educa- 
tional institutions  to  have  at  least  one  fire  drill  each  month,  and 
to  have  all  doors  and  exits  at  such  schools  and  educational  insti- 
tutions open  out,  and  that  all  such  doors  and  exits  shall  be  un- 
locked during  school  hours,  and  that  the  doors  and  exits  of  fac- 
tories, asylums,  hospitals,  churches,  halls,  theatres,  amphithea- 
ters and  other  places  in  which  numbers  of  persons  live,  work  or 
congregate  from  time  to  time  for  any  purpose  or  purposes,  shall 
open  out,  and  any  person  or  persons,  or  corporations,  failing  to 
comply  with  the  provisions  of  this  Act  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  not  less  than  Ten 
($10.00)  Dollars,  nor  more  than  Fifty  ($50.00)  Dollars  for  each 
violation  thereof. 


No.  21.)  (S.  89— Carmichael. 

AN  ACT 

To  provide  for  the  appointment  of  a  commission  to  make  a   study  of  the 
public  school  system  of  Alabama  and  to  make  an  appropriation  therefor. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  governor  shall  appoint  a  commission  of 
five  persons  all  of  whom  shall  serve  without  compensation,  to 
make  a  study  of  the  public  educational  system  of  Alabama,  in- 
cluding all  schools  and  educational  institutions  supported  in 
whole  or  in  part  from  public  funds,  to  determine  the  efficiency 
of  the  same  and  to  report  its  findings  with  recommendations  for 
increased  efficiency  and  economy  to  the  governor  on  or  before 
July  1,  1919. 

Section  2.  That  the  said  commission  is  empowered  to  employ 
assistance  in  the  several  fields  of  public  education  in  which  the 
State  is  engaged  and  shall  supply  such  clerical  help  and  equip- 
ment as  shall  be  necessary. 

Sec.  3.  That  the  said  commission  and  its  employees  shall 
have  free  access  to  all  public  records.  All  public  school  and  edu- 
cational institutions,  teachers,  instructors,  faculties,  officers, 
and  employees  shall  furnish  all  information  and  assistance  in 
their  power  in  making  such  a  study  as  is  contemplated  under  this 
act.  The  members  of  said  commission  and  their  assistants  shall 
have  power  to  require  the  production  of  papers  and  records  and 
are  hereby  empowered  to  administer  oaths.     In  case  any  person 


186 

summoned  by  any  member  of  such  commission,  or  any  assistants 
of  such  commission,  shall  fail  or  refuse  to  obey  such  process  or 
to  testify  before  such  commission  or  any  assitant  of  such 
commission,  the  said  commission  or  any  assistants  of  such  com- 
mission may  apply  to  any  court  of  record  of  this  State  to  compel 
obedience  and  to  give  testimony  and  the  said  courts  are  hereby 
empowered  to  enforce  obedience  to  such  process. 

Sec.  4.  That  said  commission  shall,  in  addition  to  other 
work  specified  by  this  act,  direct  special  attention  to  the  feasibili- 
ty and  advisability  of  consolidating  any  of  the  existing  State  ed- 
ucational institutions  or  departments  thereof,  of  eliminating 
any  institution  or  institutions,  and  of  co-ordinating  and  unifying 
the  work  of  any  or  all  institutions  under  one  board  of  manage- 
ment and  control. 

Sec.  55.  That  there  is  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated  the  sum  of  $10,000, 
or  so  much  thereof  as  may  be  necessary  for  the  purpose  of  de- 
fraying the  cost  of  the  study  herein  authorized,  including  the 
personal  and  traveling  expenses  of  the  members  of  said  com- 
mission, the  salary  and  expenses  of  the  necessary  help  and  of 
such  other  expenses  as  in  the  opinion  of  said  commission  are 
necessary  for  the  thorough  study  of  school  conditions  in  Ala- 
bama, provided  that  for  the  fiscal  year  beginning  October  1, 
1919,  and  for  that  year  only,  the  legislative  appropriation  for 
the  public  schools  as  provided  by  statute  shall  be  reduced  in  an 
amount  equal  to  the  amount  actually  expended  of  the  above  ap- 
propriation of  $10,000,  as  shown  by  the  books  in  the  office  of 
the  State  auditor;  provided  further  that  the  said  fund  shall  be 
paid  out  upon  warrants  of  the  State  auditor,  issued  upon  requi- 
sitions of  the  State  superintendent  of  education  and  having  at- 
tached thereto  itemized  statements  of  said  expenditures. 

Approved  February  6,  1919. 


No.  200.)  (S.  312— Craft. 

AN  ACT 

To  require  the  City  of  Mobile  to  pay  one-half  of  the  annual  expenses,  of  the 
Juvenile  Court  of  Mobile  County  and  of  the  detention  homes  for  delin- 
quent juveniles  of  Mobile  County,  including  the  salary  of  the  Judge  of 
said  Court,  the  salaries  of  the  Probation  Officer,  the  salaries  of  the 
Superintendent,  Matron  and  other  employees  necessary  for  the  care  of 
the  detention  homes  for  juvenile  delinquents  of  Mobile  County  and  the 
expense  of  providing  and  maintaining  of  detention  homes  for  juvenile 
delinquents  of  Mobile  County. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
1.     That  the  Board  of  Revenue  and  Road  Commissioners  of 
Mobile  county  shall  cause  to  be  kept  an  accurate  and  true  ac- 


187 

count  of  the  amounts  annually  expended  (meaning  from  the  date 
of  the  passage  and  approval  of  this  Act)  by  the  County  of  Mo- 
bile in  the  payment  of  the  salary  of  the  Judge  of  the  Juvenile 
Court  of  Mobile  County,  the  salary  of  the  Probation  Officer  or 
Officers  of  said  Court,  the  salaries  of  the  Superintendent,  Mat- 
ron and  assistants  of  the  detention  homes  for  juvenile  delin- 
quents of  Mobile  County  and  the  expenses  of  providing  and  main- 
taining detention  homes  for  juvenile  delinquents  of  Mobile 
County,  and  it  shall  be  the  duty  of  the  City  of  Mobile,  after  an 
examination  of  said  account,  which  must  be  made  within  thirty 
days  after  the  same  is  presented  to  the  Board  of  City  Commis- 
sioners of  Mobile  City,  or  other  governing  officers  of  the  said 
City  of  Mobile,  to  pay  one-half  of  said  account  to  the  County 
of  Mobile. 

2.  That  all  laws  or  parts  of  laws. in  conflict  with  the  provi- 
sions of  this  Act  be  and  the  same  are  hereby  repealed. 

3.  That  this  Act  shall  take  eifect  and  be  in  force  on  and  after 
its  approval. 

Approved  August  9,  1919. 


No.  210.)  (S.  296— -Smith  of  Lawrence. 

AN  ACT 

To  authorize  W.  J.  Lee,  E.  E.  Etheredge  and  R.  N.  Streater,  and  their  suc- 
cessors in  office,  as  trustees  of  public  school  district  No.  59  in  the  Town 
of  Town  Creek,  Lawrence  County,  Alabama,  to  execute  a  mortgage,  and 
borrow  money  on  the  real  estate  belonging  to  said  trustees,  and  their 
successors  in  office,  in  the  Town  of  Town  Creek,  Lawrence  County,  Ala- 
bama. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Alabama, 
That  W.  J.  Lee,  E.  E.  Etheredge,  R.  N.  Streater,  and  their  suc- 
cessors in  office,  as  trustees  of  school  district  No.  59  in  the  Town 
of  Town  Creek,  Lawrence  County,  Alabama,  are  hereby  author- 
ized to  borrow  money  and  to  execute  a  mortgage  on  the  follow- 
ing described  lands,  as  the  lands  of  said  trustees,  to-wit :  Begin- 
ning at^a  point  one  hundred  and  fifty-seven  yards  west  from 
the  cen'ter  of  the  Greens  Bluff  public  road,  where  the  said 
Greens  Bluff  Road  crosses  the  Courtland  and  Tuscumbia  Public 
Road,  and  run  thence  north  eighty-one  yards,  thence  west  one 
hundred  and  twenty-yards,  thence  south  eighty-one  yards, 
thence  east  one  hundred  and  twenty  yards  to  a  point  of  begin- 
ning, situated,  lying  and  being  in  Section  29,  Township  4,  Range 
8  West,  in  the  State  of  Alabama.  Also :  Two  acres  of  land  begin- 
ning at  the  northeast  corner  of  the  two  acres  of  land  herein  above 
described  and  thence  running  north  eighty-one  yards,  thence  west 


188 

one  hundred  and  twenty  yards,  thence  south  eighty-one  yards, 
thence  east  one  hundred  and  twenty  yards  to  point  of  beginning, 
situated,  lying  and  being  in  the  town  of  Town  Creek,  County 
of  Lawrence,  State  of  Alabama. 

Section  2.  Be  it  further  enacted  that  said  trustees  and  their 
successors  in  office  are  hereby  authorized  to  use  the  money  bor- 
rowed as  provided  in  Section  1  of  this  Act  in  the  building  and 
equipping  and  furnishing  of  a  school  building  being  erected,  or 
hereafter  to  be  erected  on  the  lands  described  in  section  1  of  this 
Act. 

Section  3.  Be  it  further  enacted  that  all  laws  and  parts  of 
laws  in  conflict  with  this  Act  are  hereby  repealed. 

Approved  August  18,  1919. 


No.  246.)  (H.  702— Orr. 

AN  ACT 

To  provide  for  the  Town  of  Albertville  and  School  District  known  as  the 
Albertville  School  District,  to  manage  and  control  the  affairs  of  its  pub- 
lic schools  in  said  school  district.  To  provide  for  the  election  of  a  board 
of  education  by  the  Town  Council  of  the  Town  of  Albertville,  Alabama. 
To  authorize  said  board  of  education  to  mortgage  or  pledge  the  proper- 
ty of  said  public  school  for  the  purpose  of  procuring  additional  funds  to 
build  or  erect  and  equip  a  suitable  public  school  building  in  said  Town 
of  Albertville,  and  to  authorize  payment  and  satisfaction  of  said  mort- 
gage out  of  funds  hereafter  derived  from  the  levy  of  a  special  school 
tax  in  said  school  district. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Alabama, 
That  on  and  after  the  passage  and  approval  of  this  Act,  the 
public  school  of  the  town  of  Albertville,  in  the  Albertville  School 
District,  shall  be  under  the  supervision,  control  and  management 
of  a  board  of  education  elected  by  the  Town  Council  of  the  Town 
of  Albertville,  Alabama. 

Section  2.  That  said  board  of  education  shall  have  the  pow- 
ers and  authority  over  said  school,  in  said  school  district,  that 
the  County  Board  of  Education  now  has  or  may  hereinafter  be 
given  by  law. 

Section  3.  That  in  addition  to  the  powers  already  conferred 
on  boards  of  education  by  law,  said  board  elected  for  the  Town 
of  Albertville  under  the  provisions  of  this  Act  shall  have  the 
power  and  authority  to  borrow  money  and  to  execute  a  mortgage 
on  the  property  of  said  school  for  the  purpose  of  procuring  addi- 
tional funds  for  the  erecting  and  equipping  a  suitable  school 
building  in  said  Town. 

Section  4.  That  said  board  of  education  shall  have  the  right 
to  pay  off  and  satisfy  said  mortgage  out  of  funds  derived  from 


189 

the  levy  and  collection  of  a  special  school  tax  voted  in  said  school 
district,  which  may  hereafter  be  levied  as  provided  by  law,  or 
by  other  means  as  they  may  deem  right  and  to  the  best  interest 
of  the  school. 

Section  5.  That  immediately  after  the  passage  and  approval 
of  this  Act  the  Town  Council  of  the  said  Town  of  Albertville 
shall  have  the  right  to  proceed  to  elect  a  board  of  education  con- 
sisting of  five  members,  the  same  to  be  elected  by  a  majority  of 
the  members  of  the  council  sitting  at  a  regularly  organized  meet- 
ing of  the  Town  Council  and  it  shall  be  legal  to  elect  said  board 
of  education  at  a  called  meeting  of  the  council,  provided  however 
that  all  members  of  the  council  shall  have  at  least  one  full  days 
notice  of  said  meeting. 

Section  6.  The  term  of  office  of  said  members  of  said  board 
of  education  shall  be  for  the  same  period  as  the  council  which 
elects  them,  and  they  shall  serve  withoiit  compensation. 

Section  7.  This  Act  shall  go  into  effect  immediately  on  its 
passage  and  approval  by  the  Governor. 

Section  8.    All  laws  and  parts  of  laws  in  conflict  with  this  Act 
"be  and  the  same  are  hereby  repealed. 
^  Approved  August  29,  1919. 


No.  459.)  (H.  1052— Grayson  of  Mobile. 

,  AN  ACT 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  whenever  any  person  in  this  State  has  taught 
continuously  in  any  of  the  public  schools  thereof  for  thirty  years 
and  has  reached  the  age  of  sixty  years,  and  his  or  her  record  as 
a  teacher  is  without  reproach,  and  by  reason  of  physical  inability 
or  mental  infirmity  is  unable  to  teach  longer,  and  who  is  without 
the  means  of  comfortable  support,  such  teacher  may  lay  his  or 
her  case  before  the  county  board  of  education,  or  other  school 
governing  body  by  whatever  name  called,  in  all  counties  having 
a  population  of  not  less  than  eighty  thousand  nor  more  than 
eighty-two  thousand  according  to  the  last  or  any  succeeding 
Federal  census,  and  the  said  board  shall  proceed  to  consider  the 
same,  and  if  the  facts  are  found  as  stated  above,  the  teacher 
shall  be  placed  on  the  "Retired  List,"  a  record  of  which  shall  be 
kept  by  the  said  board  and  known  as  the  "Retired  List,"  and 
every  person  so  placed  on  said  list  shall  be  entitled  to  receive  a 
pension  from  the  public  school  funds  of  the  said  county  or  coun- 
ties of  two  hundred  and  forty  ($240.00)  dollars  per  year  to  be 
paid  quarterly  by  the  county  treasurer  of  public  school  funds  of 


190 

the  county  or  counties  in  which  the  teacher  making  said  applica- 
tion lives,  as  other  teachers  are  paid;  provided  that  said  pay- 
ment will  be  made  as  above  authorized  so  long  as  said  teacher  is 
without  means  of  comfortable  support  and  until  authorities  of 
such  county  or  counties  may  for  any  reason  which  they  deem 
sufficient,  discontinue  the  payment  of  said  sum;  provided  fur- 
ther, that  this  act  shall  not  become  operative  in  any  of  said  coun- 
ties except  upon  a  majority  vote  of  the  county  board  of  educa- 
tion, or  other  school  governing  body  by  whatever  name  called,  of 
said  counties. 

Approved  September  10,  1915. 


No.  473.)  (H.  748— Woodard. 

AN  ACT 

To  amend  Section  two  of  an  act  entitled  "An  Act  to  authorize  the  holding  of 
elections  by  municipal  corporations  in  the  State  of  Alabama,  for  the 
purpose  of  obtaining  authority  to  issue  bonds,  for  public  purposes  here- 
in defined,  and  to  provide  for  holding  such  elections,  and  declaring  the 
result  thereof,  and  to  authorize  the  issue  of  such  bonds  when  a  majority 
of  the  voters  participating  in  such  elections  vote  in  favor  of  the  issue  of 
such  bonds,  and  regulate  the  issue,  execution,  sale  and  security  of  such 
bonds,"  approved  August  26,  1909  as  amended  by  an  act  approved  Feb- 
ruary 20,  1915. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1.  That  Section  2  of  an  Act  entitled  An  Act  to  au- 
thorize the  holding  of  elections  by  municipal  corporations  in  the 
State  of  Alabama  for  the  purpose  of  obtaining  authority  to  issue 
bonds  for  public  purposes  herein  defined,  and  to  provide  for  hold- 
ing such  elections,  and  declaring  the  result  thereof  and  to  author- 
ize the  issuance  of  such  bonds  when  a  majority  of  the  voters  par- 
ticipating in  such  election  vote  in  favor  of  the  issue  of  such 
bonds,  and  to  regulate  the  issue,  execution,  sale  and  security  of 
such  bonds  approved  August  26,  1919,  and  as  amended  by  an  act 
approved  Feburary  20,  1915,  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows :  Section  2.  That  all  municipal  corpo- 
rations shall  have  full  and  continuing  power  and  authority  to  is- 
sue and  sell  bonds  when  such  issue  is  authorized  by  the  election 
herein  provided  for,  for  the  following  named  purposes,  to-wit: 
(1)  For  the  purchase  of  real  estate  necessary  for  any  improve- 
ment authorized  by  law,  or  for  the  site  for  any  building  or  im- 
provement to  be  used  for  public  purposes.  (2)  For  extending, 
enlarging,  improving,  repairing  or  securing,  the  more  complete 
use  of  and  enjoyment  of  any  building  or  improvement  owned, 
purchased  or  constructed  by  the  municipality  for  equipping  and 
furnishing  the  same.*  *  *      (9)   For  erecting    city     or     town 


191 

halls  and  public  offices ;  public  school  houses  and  buildings  to  be 
used  in  connection  with  same.  For  the  erection  and  establish- 
ment of  public  auditoriums  and  other  buildings,  for  public  meet- 
ings and  for  the  purpose  of  rebuilding,  extending,  enlarging, 
repairing  and  equipping  and  furnishing  the  same.  *  *  *  * 
(14)  For  establishing  free  public  libraries  and  reading  rooms. 
*  *  *  (201/2)  For  the  purpose  of  providing  for  the  payment 
of  any  obligations  of  any  municipal  corporation,  whether  arising 
from  administration  or  from  the  acquisition  of  any  property 
for  public  use  or  the  construction  of  any  improvement  or  other- 
wise or  whether  said  obligation  shall  have  matured  or  not  at  the 
time  of  said  issue.  (21)  For  the  payment  of  any  deficiencies 
in  the  revenues  of  any  municipal  corporation;  for  the  funding 
of  floating  debts,  and  for  such  other  purposes  as  may  be  author- 
ized by  law  or  by  the  charter  of  any  municipal  corporation. 
(22)  For  the  purpose  of  providing  any  money  or  moneys  deemed 
necessary  by  the  governing  body  to  provide  for  the  administra- 
tion of  the  city  to  the  expiration  of  the  fiscal  year.  ♦  *  *  * 
Provided  that  paragraphs  20 1/2  and  22  of  this  Section  of  this 
act  shall  apply  only^  to  cities  which  now  have  or  may  hereafter 
have  a  population  of  as  much  as  one  hundred  thousand  people 
according  to  the  last  Federal  census  or  any  such  census  which 
may  hereafter  be  taken. 

Approved  Sept.  25,  1919.     ' 


No.  111.)  (H.  98— Lynne. 

AN  ACT 

To  amend  Section  1411  of  the  Code  of  Alabama,  1907. 

Be  it  enacted  by  the  Legislature  of  Alabama : 
Section  1 :  That  Section  1411  of  the  Code  of  Alabama  of  1907 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows : 

Section  1411, — Bonds  by  cities  of  less  than  6,000  inhabitants. 
Any  city,  town  or  other  municipal  corporation  having  a  popula- 
tion of  less  than  six  thousand,  and  not  excepted  from  the  provis- 
ions of  the  Constitution  prescribing  the  limit  of  indebtedness 
which  may  be  incurred  by  cities  and  towns  of  less  than  six  thou- 
sand inhabitants,  and  having  existing  indebtedness  of  such  an 
amount  as  would  preclude  such  city  or  town  from  issuing  im- 
provement bonds  of  the  character  above  described,  may,  notwith- 
standing the  amount  or  character  of  any  bond  or  other  indebted- 
ness, issue  such  bonds,  the  same  to  be  a  lien  or  charge  against 
property  improved  and  against  the  funds  collected  from  the  as- 
sessment levied  against  the  property  improved,  but  shall  not  be 


192 

the  general  obligation  of  the  city  or  town,  nor  shall  such  city  or 
town  be  in  any  way  liable  to  the  holders  of  such  bonds  in  the  case 
of  failure  to  collect  the  same.  Such  bonds  when  issued  shall  con- 
vey and  transfer  to  the  owners  thereof  all  right,  title  and  in- 
terest in  and  to  the  assessment,  and  the  lien  upon  the  respect- 
ive lots  or  parcels  of  ground  herein  provided  for,  which  lien  and 
assessments  shall  stand  as  security  for  such  bonds  or  coupons 
to  enforce  the  collection  thereof  by  foreclosure  in  any  court  of 
competent  jurisdiction.  Provided,  that  the  first  bond  or  cou- 
pon holder  who  institutes  a  foreclosure  suit  in  any  court  against 
any  property  assessed,  shall  only  be  entitled  to  have  the  proceeds 
of  said  suit  applied  pro  rata  to  the  payment  of  his  own  bonds 
and  the  bonds  held  by  others,  so  that  not  more  than  one  foreclos- 
ure suit  shall  be  brought  against  any  one  lot  or  parcel  of  land ; 
and  provided  further  that  the  costs  of  such  foreclosure  suit,  in- 
cluding a  reasonable  attorney's  fee,  where  the  first  bond  or  cou- 
pon holder  is  represented  by  an  attorney  in  the  foreclosure  suit, 
be  ascertained  by  the  court  and  deducted  from  the  proceeds  of 
said  suit  before  it  is  prorated  as  herein  provided. 
Approved  October  12,  1920. 


No.  519.)  (S.  499— CarmichaeL 

AN  ACT 

To  make  an  appropriation  for  the  purchase  of  grounds  and  buildings,  for  the 
erection  of  additional  buildings,  for  the  repair  of  buildings  and  improve- 
ment of  grounds,  and  for  the  equipment  of  the  State  Normal  School  at 
Daphne,  Alabama. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

1.  That  there  is  hereby  appropriated,  out  of  any  money  in 
the  State  treasury  not  otherwise  appropriated,  the  sum  of  thirty 
thousand  dollars  for  the  purchase  of  grounds  and  buildings,  for 
the  erection  of  additional  buildings,  for  the  repair  of  buildings 
and  improvement  of  grounds,  and  for  the  equipment  of  the  State 
Normal  School  at  Daphne,  Alabama,  the  said  appropriation,  how- 
ever, only  to  be  available  when  a  like  sum  of  thirty  thousand 
dollars  have  been  collected  and  placed  in  the  hands  of  the  Treas- 
urer of  said  State  Normal  School,  thereby  making  the  total  sum 
of  sixty  thousand  dollars  available  for  the  purposes  indicated. 

2.  That  the  appropriation  of  thirty  thousand  dollars  made 
under  this  Act  shall  be  paid  by  the  State  Auditor  upon  requisi- 
tion of  the  State  Superintendent  of  Education,  with  the  approval 
of  the  Governor,  accompanied  by  a  sworn  statement  of  the  treas- 
urer of  said  State  Normal  School  that  the  sum  required  to  be 
raised  by  said  school  is  in  his  hands  available  for  use. 


193 

3.  That  nothing  in  this  Act  shall  be  construed  to  repeal  or 
to  any  way  interfere  with  any  other  appropriations  now  or  here- 
after to  be  made  in  behalf  of  said  State  Normal  School. 

Approved  September  29,  1919. 


No.  630.)  (S.  511— Espy. 

AN  ACT 

To  amend  and  consolidate  Sections  54,  55,  56,  57  and  58  of  the  Code,  and  the 
Act  of  April  7,  1911,  and  the  act  of  March  9,  1015,  all  relating  to  the 
"Canebrake  Agricultural  Experiment  Station",  at  Uniontown,  Alabama. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

1.  The  "Canebrake  Agricultural  Experiment  Station"  is 
established  for  the  purpose  of  making  experiments  in  Scientific 
Agriculture  and  Horticulture,  live  stock  raising,  dairying,  poul- 
try and  bee  keeping. 

2.  The  Station  is  under  the  general  supervision  and  control 
of  a  Board  of  Trustees  composed  of  the  Commissioner  of  Agri- 
culture and  Industries",  'ex  officio,  and  five  progressive  farmers 
and  business  men  who  are  interested  in  cultivating  "Canebrake" 
lands,  three  of  whom  must  reside  within  ten  miles  of  the  Station 
and  who  shall  not  receive  any  compensation  other  than  expenses 
actually  incurred  in  visiting  the  Station  and  while  there  super- 
vising its  affairs.  The  present  members  of  the  Board  of  Control 
shall  be  entitled  to  hold  their  respective  offices  till  the  expiration 
of  the  terms  for  which  they  were  appointed  and  as  a  term  ex- 
pires, the  Governor,  shall  appoint  a  trustee  for  the  term  of  five 
years,  but  not  more  than  two  trustees  shall  be  appointed  from 
one  County.  All  vacancies  in  the  office  of  Trustee  shall  be  filled 
by  the  Governor  and  the  Trustee  so  appointed  shall  hold  office 
for  the  unexpired  term. 

3.  The  Board  of  Trustees  has  authority  to  appoint  and  dis- 
charge at  pleasure,  all  such  officers,  agents  and  servants  as  they 
may  consider  necessary  for  the  proper  operation  of  the  Station, 
and  shall  fix  their  compensation.  They  shall  select  a  "Direct- 
or" to  manage  and  control  the  operations  and  affairs  of  the  Sta- 
tion, who  must  be  an  educated  Scientific  Agriculturist  and  a 
graduate  of  a  reputable  Agricultural  College. 

4.  The  Board  of  Trustees  may  hold  institutes  for  the  bene- 
fit of  the  farmers  in  the  country  surrounding  the  Station,  and 
elsewhere,  and  may  select  and  pay  the  lecturers  at  the  Institutes 
and  provide  for  their  expenses  while  attending  the  Institutes. 
The  Board  of  Trustees  may  lease  or  buy  such  additional  land  as 
may  be  necessary  and  proper  to  conduct  the  operations  of  the 
Station,  successfully,  under  existing  conditions.     The  Board  of 


194 

Trustees  may  conduct  combination,  or  co-operative  sales  of  any- 
kind  of  live  stock  and  shipments  of  live  stock  to  distant  markets. 
The  Board  of  Trustees  may  sell  any  surplus  product,  or  personal 
property  of  the  Station  and  may  give  away  or  exchange  any 
product  of  the  Station  which  may  promote  the  interest  of  Agri- 
culture. The  Board  of  Trustees  must  cause  such  experiments, 
in  Agriculture  and  Horticulture,  or  in  anything  related  thereto, 
as  will  advance  the  interests  of  Scientific  Agriculture  in  any  of 
its  branches,  especially  on  *'Canebrake"  lands  and  cause  such 
necessary  chemical  analyses,  as  they  may  need,  to  be  made  by 
the  Chemist  of  the  Department  of  Agriculture,  without  charge. 

5.  The  expenses  of  the  Station  not  exceeding  four  thousand 
dollars,  annually,  must  be  paid  out  of  the  funds  of  the  Depart- 
ment of  Agriculture,  to  the  Treasurer  of  the  Board  of  Trustees, 
in  equal  installments  on  the  first  days  of  January,  April,  July, 
and  October  of  every  year. 

6.  Whenever  a  Trustee  does  not  attend  three  successive  reg- 
ular meetings  of  the  Board,  or  does  not  take  an  interest  in  the 
business  of  the  Station,  the  Governor,  upon  the  request  of  the 
Board  shall  vacate  his  office  and  appoint  a  successor. 

Approved  September  29,  1919. 


No.  758.)  (H.  900— Lynne. 

AN  ACT 

To  confer  *  *  *  upon  the  Board  of  Control  &  Economy  certain  duties 
and  authority  with  reference  to  the  purchasing  and  supplies  of  the  pub- 
lic printing  and  binding,  stationery,  fuel  and  paper,  and  other  powers 
and  authority  incident  to  the  more  efficient  control  and  coordination  of 
the  business  operations  of  the  State;  also  providing  for  the  necessary 
appropriation  to  pay  all  salaries,  wages  and  other  expenses  and  outlays 
authorized  to  be  paid  or  incurred  in  this  and  the  said  original  act  of 
February  13,  1919. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

******* 

Section  5.  The  State  Board  of  Control  and  Economy  is  here- 
by authorized  in  its  discretion  to  make  emergency  purchases  and 
purchases  in  quantities,  or  by  wholesale,  of  supplies  and  equip- 
ment which  it  is  hereby  authorized  to  purchase  without  previous 
requisition  from  any  institution  or  department,  and  without 
advertising  for  bids,  in  order  to  enable  it  to  obtain  special  bar- 
gain or  low  prices,  or  reduced  prices  incident  to  quantity  pur- 
chasing, as  well  as  to  enable  it  to  have  on  hand  supplies  in  quan- 
tities of  commodities  of  common  use  for  any  of  the  several  insti- 
tutions and  departments  served  by  it.  In  order  to  facilitate  the 
execution  of  such  authority,  the  board  shall  have  authority  to 


195 

use  a  cash  fund  not  to  exceed  $20,000.00  to  be  advanced  to  it  un- 
der authority  of  the  governor  to  maintain  and  use  for  the  purpos- 
es specified  herein  as  a  revolving  fund  out  of  v^hich  said  purchas- 
es may  be  paid  for,  the  said  fund  to  be  reimbursed  out  of  the 
funds  of  the  several  institutions  and  departments  so  supplied. 
Said  revolving  fund  to  be  supplied  out  of  any  funds  derived 
through  the  operations  of  any  department  or  institution  under 
the  custody  and  control  of  the  Board  of  Control  and  Economy. 
To  further  promote  and  facilitate  such  quantity  purchasing,  the 
board  is  hereby  authorized  in  making  purchases  referred  to  in 
the  preceding  paragraph  of  this  section,  in  cases  where  cash 
funds  may  not  be  readily  available,  to  execute  its  negotiable 
commercial  paper  v^ith  the  approval  of  the  Governor,  signed  by 
the  chairman  of  the  board,  according  to  the  usual  commercial 
forms,  custom  and  practice  in  such  dealings  betv^een  private  per- 
sons, such  commercial  paper  to  cover  the  amount  or  amounts  of 
any  purchase  or  purchases  and  credit.  The  amount  of  such  out- 
standing credit  in  no  case  or  at  any  time  to  exceed  the  sum  of 
$50,000.00,  the  same  to  be  reimbursed  or  taken  up  out  of  the 
funds  of  the  several  institutions  or  departments  supplied,  the 
proper  accounting  of  which  is  to  be  kept  by  the  board.  A  com- 
plete record  shall  be  kept  in  the  office  of  the  board  of  all  such 
purchases.  The  State  Board  of  Control  and  Economy  is  hereby 
authorized  to  establish  and  promulgate  rules  and  regulations  for 
the  proper  conduct  of  the  business  and  duties  imposed  and  pow- 
ers conferred  by  this  section. 

Section  6.  The  care,  custody,  equipment,  repairing,  insur- 
ance, inventorying  and  accounting  for  all  the  property  of  the 
State  shall  be  in  charge  of  the  State  Board  of  Control  and 
Economy  and  the  board  is  hereby  vested  with  the  authority  to 
promulgate  rules  and  regulations  for  the  proper  conduct  of  the 
business  and  duties  conferred  by  this  section. 

Section  7.  The  Board  shall  annually  make  and  file  in  the 
office  of  the  Governor  a  report  of  the  results  of  its  operations 
and  the  conduct  of  its  business  in  the  exercise  of  the  powers 
granted  to  it ;  and  it  shall  likewise  report  to  the  Governor  within 
ten  days  before  the  beginning  of  each  regular  session  of  the  Leg- 
islature all  such  matters  as  are  required  to  be  in  its  annual  re- 
ports and  any  other  information  required  by  the  Governor  to  be 
included  in  such  report,  and  it  shall  be  the  duty  of  the  Governor 
to  inform  the  Legislature  at  the  beginning  of  each  regular  ses- 
sion of  the  contents  of  such  reports.  All  records  of  the  board 
shall  be  open  at  all  reasonable  times  for  inspection  by  the  public. 

Section  71/2-  That  the  Board  of  Control  shall  also  be  the 
purchasing  agent  with  like  power  for  the  purchase  for  the  coun- 
ties of  the  State,  of  stationery,  books,  blank  books  and  office 
supplies  and  other  supplies  and  materials,  and  also  shall  be  pur- 


196 

chasing  agent  for  blank  books,  stationery,  office  supplies  and 
material  for  use.  in  the  several  State  offices,  departments,  com- 
missions, bureaus  and  boards  other  than  for  the  use  of  the  su- 
preme court,  the  court  of  appeals,  and  the  State  and  supreme 
court  libraries.  Provided  the  said  Board  of  Control  shall  make 
purchases  for  the  several  counties  of  the  State  only  when  and 
only  to  the  extent  that  it  may  be  authorized  to  do  so  by  the  action 
of  the  court  of  county  commissioners,  board  of  revenue  or  other 
governing  body  of  the  county. 

Section  8.  All  laws  and  parts  of  laws  in  conflict  with  this 
act  are  hereby  repealed. 

Section  9.  This  act  shall  take  effect  on  the  first  day  of  Jan- 
uary, Nineteen  hundred  and  twenty. 

Approved  September  30,  1919. 


No.  101.)  (H.  2— Holmes  of  Baldwin. 

AN  ACT 

To  promote  the  public  health  among  the  school  children  of  the  State  of  Ala- 
bama, from  six  to  fifteen  years  of  age;  to  make  it  mandatory  to  require 
an  examination  of  each  and  every  child,  both  male  and  female,  by  the 
county  health  officer  for  physical  defects  of  any  kind,  embracing  men- 
tal deficiency,  disease  of  the  ear,  eye,  nose  and  throat,  mouth  and  teeth, 
any  deformity  or  dislocation  of  the  hip- joints  or  spinal  disease,  phymo- 
sis,  hook-worm  disease,  and  any  other  disease  requiring  medical  or  sur- 
gical aid  in  developing  the  child  into  a  strong  and  healthy  individual. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  State  Department  of  Education  and  the 
State  Board  of  Health  shall  in  conjunction  arrange  for  the  ex- 
amination of  each  and  every  child  attending  the  public  schools  of 
this  State,  both  male  and  female,  for  any  physical  defects  of  any 
kind  embracing  mental  deficiency,  diseases  of  the  ear,  eye,  nose 
and  throat,  mouth  and  teeth,  and  any  deformity  or  dislocation  of 
the  hip- joints  or  spinal  disease,  phymosis,  hook-worm  disease, 
and  any  other  disease  requiring  medical  or  surgical  aid  in  devel- 
oping the  child  into  a  strong  and  healthy  individual.  The  sev- 
eral county  boards  of  education  and  county  boards  of  health 
shall  co-operate  fully  with  the  State  Board  of  Education  and 
State  Board  of  Health  in  the  promotion  of  this  work.  The 
County  Superintendent  of  Education  shall  arrange  with  the  coun- 
ty health  officer  a  schedule  of  dates  for  this  examination  of  the 
children  in  the  public  schools  under  his  supervision  and  the  city 
superintendent  of  schools  shall  make  like  schedule  for  the  schools 
under  his  supervision. 


197 

Section  2.  That  each  and  every  child  shall  be  examined  be- 
fore October  1st.  in  each  and  every  year  by  the  county  health 
officer,  and  that  the  State  Superintendent  of  Education  be  and 
is  hereby  required  to  have  blanks  printed  to  be  furnished  by  the 
county  superintendent  of  education  to  the  various  school  dis- 
tricts. The  county  health  officer  of  each  county  shall  make 
such  physical  examinations  of  the  school  children  and  he  shail 
secure  such  assistance  from  the  county  board  of  health  as 
is  necessary.  All  examinations  held  under  this  Act  shall  be. 
without  charge  to  the  child  or  its  parents. 

Section  3.  That  every  public  school  and  private  or  parochial 
school  shall  carry  out  a  system  of  physical  education,  the  char- 
acter of  which  shall  conform  to  the  program  or  course  outlined 
by  the  State  Department  of  Education. 

Section  4.  That  each  child  shall  be  furnished  with  a  certifi- 
cate of  examination,  which  shall  be  recorded  by  the  teacher  in  a 
record  kept  for  that  purpose,  the  certificate  to  be  returned  to  the 
parent  or  guardian  of  the  child. 

Section  5.  That  the  State  Board  of  Health  shall  supply  the 
county  health  officers  with  glass  slides  and  tubes,  if  necessary, 
for  the  taking  of  specimens,  for  making  blood  tests  and  hook- 
worm tests. 

Section  6.  That  the  State  Board  of  Health  shall  have  all 
necessary  tests  made  at  the  State  Laboratory  upon  the  request 
of  the  county  health  officer. 

Section  7.  That  to  the  end  that  the  objects  and  purposes  of 
this  Act  may  be  fully  carried  into  effect,  and  the  health  of  the 
school  children  of  Alabama  may  be  materially  improved,  the  co- 
operation of  the  county  board  of  health  in  various  counties  of 
Alabama,  in  conjunction  with  the  county  health  officers,  is  ex- 
pected without  charge  to  the  parent  or  the  child. 

Approved  October  5,  1920. 


No.  8.)  .  (S.  12— Carmichael. 

AN  ACT 

To  provide  an  appropriation  to  secure  the  services  of  a  competent  physi- 
cian and  assistants,  and  nurses,  and  to  furnish  medical  and  surgical 
supplies  and  appliances  for  the  inmates  of  the  Alabama  Boys  Indus- 
trial School,  the  State  Training  School  for  Girls,  and  the  Alabama  Vo- 
cational School  for  Girls. 

Be  it  enacted  by  the  Legislature  of  Alabama : 

Section  1.  That  the  sum  of  Five  Thousand  Dollars  ($5,t 
000.00)  is  hereby  appropriated,  annually,  out  of  any  moneys  in 
the  State  Treasury,  not  otherwise  appropriated,  for  employing 


198 

a  physician  and  assistants,  and  nurses,  and  to  provide  necessary 
medical  and  surgical  supplies  and  appliances  for  the  inmates  of 
the  Alabama  Boys  Industrial  School,  the  State  Training  School 
for  Girls,  and  the  Alabama  Vocational  School  for  Girls,  begin- 
ning October  1,  1920. 

■  Section  2.  Be  it  further  enacted  that  the  State  Board  of  Con- 
ti'bl  and  Economy  is  hereby  authorized  and  directed  to  employ 
such  physicians  and  assistants,  and  such  nurses,  and  from  time 
t6  time  cause  to  be  purchased  such  medical  and  surgical  sup-- 
pilies  and  appliances  as  may  be  necessary  to  carry  out  the  provi- 
sions of  this  Act  as  herein  before  set  out. 

Section  3.  Be  it  further  enacted  that  the  State  Auditor  is 
liereby  authorized  and  directed  to  draw  his  warrant  on  the  State 
'Treasurer  in  favor  of  the  Chairman  of  the  State  Board  of  Con- 
trol and  Economy,  monthly,  for  the  amounts  for  which  the  requi- 
sitions are  made,  for  carrying  out  the  provisions  of  this  Act  as 
herein  before  set  out. 

Approved  September  28,  1920. 


No.  9iy2.)  (S.  83— Webb. 

AN  ACT 

To  validate  and  legalize  elections  heretofore  held  under  the  provisions  of  an 
act  of  the  Legislature  approved  February  13,  1919,  entitled,  "An  Act  to 
provide  for  elections  to  authorize  any  county  in  the  State  to  levy  and 
collect  a  special  county  tax  for  public  school  purposes  not  to  exceed 
thirty  (30)  cents  on  each  one  hundred  dollars  ($100)  worth  of  taxable 
property  in  such  county;  to  authorize  any  school  district,  in  any  county 
that  may  be  levying  special  county  taxes  for  school  purposes  of  not 
less  than  thirty  (30)  cents  on  each  one  hundred  dollars  ($100)  worth  of 
taxable  property  in  such  county,  to  levy  a  special  district  tax  for  school 
purposes  not  to  exceed  thirty  (30)  cents  on  each  one  hundred  dollars 
($100)  worth  of  taxable  property  in  such  school  district;  and  to  author- 
ize boards  of  education  to  issue  interest  bearing  warrants  to  erect,  re- 
pair and  equip  school  buildings  and  to  otherwise  improve  school  facili- 
ties." 

Be  it  enacted  by  the  Legislature  of  Alahama : 
Section  1.  That  all  elections,  whether  in  school  districts  or 
in  counties,  which  have  heretofore  been  held  under  the  provi- 
sions of  an  act  of  the  Legislature  approved  February  13,  1919, 
entitled,  "An  Act  to  provide  for  elections  to  authorize  any  coun- 
ty in  the  State  to  levy  and  collect  a  special  county  tax  for  public 
school  purposes  not  to  exceed  thirty  (30)  cents  on  each  one  hun- 
dred dollars  ($100)  worth  of  taxable  property  in  such  county;  to 
authorize  any  school  district,  in  any  county  that  may  be  levying 
special  county  taxes  for  school  purposes  of  not  less  than  thirty 
(30)  cents  on  each  one  hundred  dollars  ($100)  worth  of  taxable 


199 

property  in  such  county,  to  levy  a  special  district  tax  for  school 
purposes  not  to  exceed  thirty  (30)  cents  on  each  one  hundred 
dollars  ($100)  worth  of  taxable  property  in  such  school  district; 
and  to  authorize  boards  of  education  to  issue  interest  bearing 
warrants  to  erect,  repair  and  equip  school  buildings  and  to  oth- 
erwise improve  school  facilities,"  which  said  elections  resulted 
in  a  majority  of  the  votes  cast  being  in  favor  of  the  special  tax 
for  school  purposes,  and  which  said  elections  were  irregular  by 
reason  of  failure  to  give  notice  thereof  in  any  newspaper,  or  by 
reason  of  any  other  irregularity  prior  to  the  actual  holding  of 
the  elections,  be  and  the  same  are  hereby  ratified  and  confirmed 
and  given  effect  in  all  respects  as  if  all  the  conditions,  prelimi- 
nary and  prior  to  the  actual  holding  of  such  elections,  required, 
by  the  aforesaid  act  had  been  duly  and  legally  complied  with. 
Provided  the  provisions  of  this  act  shall  not  apply  to  districts  in 
which  said  three  (3)  mill  tax  election  has  been  held  and  declared 
illegal  by  the  board  of  county  commissioners  in  said  county  in 
which  said  election  was  held  prior  to  the  passage  of  this  act. 
Approved  October  12,  1920. 


No.  54.)  (H.  82— Partridge.' 

AN  ACT 

To  provide  for  the  incorporation  of  education  boards  having  for  their  pur- 
pose the  fostering  of  education  in  general  and  education  under  denom-' 
inational  control  in  particular,  to  define  the  rights  and  powers  of  such 
boards,  and  to  provide  that  such  boards  may  be  affiliated  with  or  con- 
trolled by  a  convention  or  conventions,  or  an  association  or  associations, 
whether  incorporated  or  unincorporated,  composed  of  members,  dele- 
gates, representatives  or  messengers  of  or  from  any  church  or  I'eligious 
association  having  a  congregational  form  of  church  government.  . 

Be  it  enacted  by  the  Legislature  of  Alabama :  ■, 

Section  1.  Education  boards  having  for  their  purpose  the 
fostering  of  education  in  general  and  education  under  religious 
denominational  control  in  particular  may  become  incorporated  as 
hereinafter  provided,  and  may  be  affiliated  with  or  controlled  by 
a  convention  or  conventions,  or  an  association  or  associations, 
whether  incorporated  or  unincorporated,  composed  of  members, 
delegates,  representatives  or  messengers  of  or  from  any  church, 
or  religious  association  having  a  congregational  form  of  church 
government. 

Section  2.  Any  persons  desiring. to  become  so  incorporat- 
ed and  being  not  less  than  five  nor  more  than  fifty  in  number 
shall  file  in  the  office  of  the  Judge  of  Probate  of  the  county  in: 
which  the  corporation  is  to  have  its  principal  place  of  business  a 
certificate  stating  the  corporate  name  selected,  the  names  of  the 


200 

incorporators  who  shall  constitute  and  compose  the  said  educa- 
tion board  until  their  successors  are  duly  chosen  and  elected,  and 
the  name  of  the  convention  or  conventions,  or  associations  or  as- 
sociations with  which  the  said  education  board  is  to  be  affiliated, 
•or  by  which  it  is  to  be  controlled,  which  certificate  shall  be  sub- 
scribed by  the  said  incorporators  and  recorded.  The  members 
of  such  education  board  and  their  successors  are  from  the  filing 
of  such  certificate  incorporated  by  the  name  therein  mentioned. 

Section  3.  The  persons  named  in  the  said  certificate  as 
incorporators  shall  constitute  the  members  of  the  said  education 
board  and  they  shall  hold  office  as  such  members  until  their  suc- 
cessors may  be  chosen  by  the  convention  or  association  with 
which  such  education  board  is  affiliated,  or  by  which  it  is  con- 
trolled, as  named  in  the  said  certificate.  Said  convention  or  asso- 
ciation is  hereby  authorized  and  empowered  to  prescribe  the 
terms  of  office  of  such  members  or  member  as  may  constitute  the 
said  board,  not  exceeding  fifty  nor  less  than  five,  and  may  elect 
the  successors  of  the  members  as  their  terms  expire  and  provide 
for  the  filling  of  vacancies  in  the  interim.  Said  convention  or 
association  with  which  said  boards  are  affiliated  or  by  which 
they  are  controlled  shall  have  the  right  and  power  to  determine 
what  officers  are  necessary  for  the  conduct  of  the  business  of 
said  education  boards  and  at  their  pleasure  may  fix  the  terms  of 
office  and  elect  such  officers,  or  may  delegate  such  power  and 
authority  to  said  education  boards  or  the  members  thereof. 

Section  4.  Any  corporation  organized  as  herein  provided 
may  sue  and  be  sued  by  its  corporate  name;  may  have  and  use 
a  common  seal,  which  it  may  alter  at  pleasure;  may  purchase 
and  hold  or  receive  by  gift,  devise  or  bequest  real  and  personal 
property  such  as  may  be  necessary  for  the  transaction  of  the 
corporate  business  and  to  carry  out  the  purposes  and  objects  of 
the  corporation;  to  make  all  by-laws  and  regulations  necessary 
or  deemed  expedient  for  the  management  of  the  corporate  af- 
fairs not  inconsistent  with  the  laws  of  the  United  States  and  the 
State  of  Alabama  and  not  contrary  to  the  constitution,  rules 
and  regulations  of  the  convention  or  association  with  which  the 
said  education  board  may  be  affiliated  or  by  which  it  may  con- 
trolled ;  to  appoint  such  subordinate  officers  as  may  not  be  chosen 
by  the  said  convention  or  association,  as  the  business  of  the  cor- 
poration may  require,  if  not  forbidden  by  the  said  convention  or 
association ;  to  designate  the  names  of  such  officers  and  to  fix 
their  compensation;  to  establish  and  support  educational  insti- 
tutions ;  to  print  and  disseminate  religious  and  educational  liter- 
ature; to  establish  and  conduct  a  teachers'  bureau  or  teachers' 
bureaus;  to  receive  and  distribute  all  funds  placed  in  its  hands 
for  distribution ;  to  acquire  scholarships  in  institutions  of  learn- 


201 

ing  and  to  dispose  of  same  by  gift  or  loan ;  to  borrow  money  and 
to  secure  the  same  by  mortgage  or  deed  of  trust  or  any  of  the 
property  of  the  corporation ;  to  solicit,  collect  or  receive  sub- 
scriptions in  money  or  otherwise  for  the  advancement  of  the 
purposes  of  the  corporation;  to  purchase,  have  printed,  or  to 
prirt,  edit,  conduct  and  carry  on  for  educational  purposes  and 
uses  a  magazine  or  magazines,  a  newspaper  or  newspapers,  and 
to  publish  and  dispose  of  by  sale  or  otherwise  books,  tracts  and 
periodicals ;  to  disseminate  by  sale,  or  gift  all  literature  deemed 
necessary  to  the  carrying  on  of  the  work  of  the  corporation,  and 
to  adopt  such  methods  and  employ  such  agencies  as  may  be 
deemed  necessary  to  create  interest  in  education,  but  in  all  things 
to  be  governed  by  the  rules  and  regulations  prescribed  by  the 
convention  or  association  with  which  it  is  affiliated  or  by  which 
it  is  controlled,  so  far  as  the  same  are  consistent  with  the  con- 
stitution and  laws  of  the  State  of  Alabama  and  of  the  United 
States. 

Section  5.  No  mortgage  or  deed  of  trust  conveying  any  of 
the  property  of  the  corporation  shall  be  executed  until  the  same 
shall  have  been  authorized  by  a  majority  in  number  of  the  mem- 
bers of  such  education  board,  which  shall  be  duly  spread  upon 
the  minutes  of  the  proceedings  of  said  board.  Any  mortgage, 
deed  of  trust  or  other  conveyance  of  any  real  estate  belonging  to 
such  corporation  may  be  validly  executed  by  any  officer  or  agent 
who  shall  be  designated  by  the  said  board. 

Section  6.  Any  corporation  heretofore  organized  as  an 
educational  society  under  the  general  laws  of  this  State  relating 
to  corporations  not  of  a  business  character  may  accept  the  pro- 
visions of  this  act  and  become  entitled  to  the  privileges  and  bene- 
fits thereof  and  subject  to  all  the  terms  and  provisions  thereof  in 
the  following  manner:  If  a  majority  of  the  members  of  said 
educational  society  shall  at  a  regular  meeting  of  the  society  vote 
in  favor  of  a  resolution  to  amend  the  charter  of  such  society  by 
accepting  the  benefits  and  privileges  conferred  by  this  act  and 
by  becoming  subject  to  all  of  the  terms  thereof,  which  resolution 
shall  set  forth  the  name  of  the  convention  or  association  with 
which  the  said  society  proposes  to  be  affiliated  or  by  which  it  is 
to  be  controlled,  on  the  filing  of  a  copy  of  such  resolution  in  the 
office  of  the  judge  of  probate  of  the  county  in  which  such  educa- 
tional society  was  organized,  and  certified  to  be  a  true  and  cor- 
rect copy  thereof  by  the  secretary  of  such  educational  society, 
the  charter  of  said  educational  society  shall  thereupon  be  amend- 
ed as  herein  provided. 

Approved  November  1,  1921. 


202 

CRIMINAL  PROVISIONS  OF  PUBLIC  SCHOOL  LAW 

(See  also  "Criminar'  and  "Penalties"  in  index.) 


[Schoolmaster  stands  in  loco  parentis  and  may,  in  a  proper  case,  inflict 
corporal  punishment;  but  is  criminally  liable  for  an  abuse  of  his  authority. 
—Boyd  V.  State,  88  Ala.  169;  McCormack  v.  State,  102  Ala.  156.] 

6413.  Injuring  or  defacing  public  or  private  buildings,  or 
fences  thereof. —  Any  person  who  willfully  injures  or  defaces  any 
church,  or  schoolhouse,  or  building  belonging  to  the  State,  or  to 
any  county,  city,  town  or  person,  or  whites  or  draws  figures, 
letters,  or  characters  on  the  walls  thereof,  or  on  the  fences  or 
inclosures  thereof,  must,  on  conviction,  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars,  and  may  also  be  imprisoned 
in  the  county  jail,  or  sentenced  to  hard  labor  for  the  county,  for 
not  more  than  three  months;  and  the  fine  goes  to  the  injured 
party.  It  shall  not  be  necessary  to  aver  or  prove  the  ownership 
of  any  church  or  schoolhouse  in  prosecutions  under  this  section. 

6769.  Disturbing  people  met  for  school  purposes  or  holiday. 
— Any  person  who  willfully  disturbs  any  school,  or  other  assem- 
blage of  people,  met  for  any  lawful  purposes,  or  for  amusement 
or  recreation  on  a  holiday  for  a  school,  must,  on  conviction,  be 
fined  not  less  than  five  nor  more  than  fifty  dollars. 

6834.  Embezzlement  by  using  school  money  for  other  than 
school  purposes. — Any  person  into  whose  hands,  or  under  whose 
control,  any  of  the  public  school  money  may  come,  who  uses  or 
permits  the  use  of  the  same,  or  any  part  thereof,  except  for  pur- 
poses of  the  public  schools,  and  in  accordance  with  the  law  regu- 
lating the  public  schools,  and  providing  for  the  disbursement  of 
the  public  school  money,  is  guilty  of  embezzlement,  and  on  con- 
viction, must  be  punished  as  if  he  had  stolen  it. 

6897.  Shooting,  throwing  missiles  into,  etc.,  dwelling  and 
other  houses. — Any  person  who  shoots  a  pistol  or  other  firearm 
or  slingshot,  or  who  throws  a  stone  or  other  missile  at,  into,  in, 
through  or  against  a  dwelling  house,  school  house,  church  build- 
ing, factory  storehouse,  courthouse  or  house  or  building  used  for 
manufacturing  purposes,  or  any  house  or  building  used  for  the 
assemblage  of  people  for  business  or  pleasure,  shall  be  guilty  of 
a  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  not 
more  than  one  thousand  dollars,  and  may  be  sentenced  to  hard 
labor  for  the  county  for  not  longer  than  twelve  months. 

7750.  Stealing  examination  questions,  penalty  for. — Any 
person  who  purloins,  steals,  buys,  receives,  sells,  gives  or  offers 
to  buy,  give,  or  sell  any  examination  questions  or  copies  thereof 
of  any  examination  provided  by  law  before  the  date  of  the  exam- 


203 

ination  for  which  they  had  been  prepared  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  one  hundred  dollars,  and  may  be  sentenced  to  hard  labor 
for  the  county  for  not  less  than  six  months. 

7751.  Use  of  other  than  contract  books  in  public  schools.-^- 
Any  teacher  who  shall  use  or  permit  to  be  used  in  his  or  her 
school  any  text-book  upon  the  branches  for  which  text-books  are 
adopted,  where  the  commission  has  adopted  a  book  upon  the 
branch,  other  than  the  one  so  adopted,  except  supplementary 
books,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars. 

7752.  Charging  more  than  contract  price  for  school  books. — 
Any  local  agent,  dealer,  clerk,  or  other  person  handling  or  selling 
the  books  adopted  as  school  text-books,  who  shall  demand  or 
receive  for  any  copy  of  any  of  the  books  so  adopted  more  than 
the  contract  price,  in  cases  where  the  purchase  is  for  cash,  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  for  each 
offense  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars. 

7753.  Text-book  provisions;  violation  of,  penalty. — Any  per- 
son or  teacher  violating  the  provisions  of  article  18  of  chapter 
41  of  this  code  as  to  text-books,  shall  be  guilty  of  a  misdemeanor 
and,  upon  conviction,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars. 

7754.  Schoolhottse  warrants  or  proceeds,  wrongful  ajyplica- 
tion  of;  penalty. — Any  person  who  shall  knowingly  use  or  apply 
or  authorize  the  use  or  application  of  the  proceeds,  or  any  part 
thereof,  of  any  warrant  delivered  to  him  under  article  31  of 
chapter  41  of  this  code,  for  the  purpose  or  objects  other  than 
as  required  by  said  articles,  shall  be  guilty  of  a  misdemeanor 
and  on  conviction,  shall  be  fined  not  less  than  two  hundred 
dollars  nor  more  than  one  thousand  dollars,  and  may  also  be  im- 
prisoned in  the  county  jail  or  sentenced  to  hard  labor  for  the 
county  for  not  more  than  six  months. 

7755.  False  or  fraudulent  enumeration  of  school  children; 
penalty  for. — Any  person  appointed  to  make  an  enumeration  of 
the  children  within  school  age  of  any  public  school  district  in 
this  State  as  required  by  law,  who  shall  knowingly  make  a  false 
or  fraudulent  enumeration  or  report  of  the  number  of  children 
within  school  age  residing  in  such  district,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  and  shall  also  be  sentenced  to  hard  labor  for  the  county 
for  not  less  than  six  months  nor  more  than  twelve  months. 


204 
CONSTITUTION  OF  THE  STATE  OF  ALABAMA 


ARTICLE  XI 

TAXATION 


216.  No  city,  town,  village,  or  other  municipal  corporation, 
other  than  as  provided  in  this  article,  shall  levy  or  collect  a 
higher  rate  of  taxation  in  any  one  year  on  the  property  situated 
therein  than  one-half  of  one  per  centum  of  the  value  of  such 
property  as  assessed  for  State  taxation  during  the  preceding 
year;  provided,  that  for  the  purpose  of  paying  debts  existing 
on  the  sixth  day  of  December,  eighteen  hundred  and  seventy-five, 
and  the  interest  thereon,  a  tax  of  one  per  centum  may  be  levied 
and  collected,  to  be  applied  exclusively  to  the  payment  of  such 
indebtedness ;  *  *  *  ^j^^  provided  further,  that  this  section 
shall  not  apply  to  the  city  of  Montgomery,  which  city  shall  have 
the  right  to  levy  and  collect  a  tax  of  not  exceeding  one-half  of 
one  per  centum  per  annum  upon  the  value  of  taxable  property 
therein,  as  fixed  for  State  taxation,  for  general  purposes,  and  an 
additional  tax  of  not  exceeding  three-fourths  of  one  per  centum 
per  annum  upon  the  value  of  the  property  therein,  as  fixed  for 
State  taxation,  to  be  devoted  exclusively  to  the  payment  of  its 
public  debt,  interest  thereon,  and  renewals  thereof,  and  to  the 
maintenance  of  its  public  schools,  and  public  conveniences;  *  * 
and  provided  further,  that  this  section  shall  not  apply  to  the  cit- 
izens of  Decatur,  New  Decatur,  and  Cullman,  which  cities  may 
from  and  after  the  ratification  of  this  Constitution,  levy  and  col- 
lect an  additional  tax  of  not  exceeding  three-tenths  of  one  per 
centum  per  annum ;  such  special  tax  of  said  city  of  Decatur  to  be 
applied  exclusively  for  the  public  schools,  public  school  buildings, 
and  public  improvements;  and  such  special  tax  of  New  Decatur 
and  Cullman  to  be  applied  exclusively  for  educational  purposes, 
and  to  be  expended  under  their  respective  boards  of  Public  School 
Trustees.     *     *     * 

ARTICLE  XIV. 

EDUCATION 

256.  The  Legislature'  shall  establish,  organize  and  maintain 
a  liberal  system  of  public  schools  throughout  the  State  for  the 
benefit  of  the  children  thereof  between  the  ages  of  seven  and 
twenty-one  years.     The  public  school  fund  shall  be  apportioned 


205 

to  the  several  counties  in  proportion  to  the  number  of  school 
children  of  school  age  therein,  and  shall  be  so  apportioned  to 
the  schools  in  the  districts  or  townships  in  the  county  as  to 
provide  as  nearly  as  practicable,  school  terms  of  equal  duration 
in  such  school  districts  or  townships.  Separate  schools  shall  be 
provided  for  white  and  colored  children,  and  no  child  of  either 
race  shall  be  permitted  to  attend  a  school  of  the  other  race. 

257.  The  principal  of  all  funds  arising  from  the  sale  of 
other  disposition  of  lands  or  other  property,  which  has  been  or 
may  hereafter  be  granted  or  entrusted  to  this  State  or  given 
by  the  United  States  for  educational  purposes  shall  be  preserved 
inviolate  and  undiminished;  and  the  income  arising  therefrom 
shall  be  faithfully  applied  to  the  specific  object  of  the  original 
grants  or  appropriations. 

258.  All  lands  or  other  property  given  by  individuals,  or 
appropriated  by  the  State  for  educational  purposes,  and  all  es- 
tates of  deceased  persons  who  die  without  leaving  a  will  or  heir 
shall  be  faithfully  applied  to  the  maintenance  of  the  public 
schools. 

259.  All  poll  taxes  collected  in  this  State  shall  be  applied  to 
the  support  of  the  public  schools  in  the  respective  counties  where 
collected. 

260.  The  income  arising  from  the  Sixteenth  Section  trust 
fund,  the  surplus  revenue  fund,  until  it  is  called  for  by  the 
United  States  government,  and  the  funds  enumerated  in  Section 
257  and  258  of  this  Constitution,  together  with  a  special  annual 
tax  of  thirty  cents  on  each  one  hundred  dollars  of  taxable  prop- 
erty in  this  State,  which  the  Legislature  shall  levy,  shall  be  ap- 
plied to  the  support  and  maintenance  of  the  public  schools,  and 
it  shall  be  the  duty  of  the  Legislature  to  increase  the  public  school 
fund  from  time  to  time,  as  the  necessity  therefor  and  the  con- 
dition of  the  treasury  and  the  resources  of  the  State  may  justify ; 
provided,  that  nothing  herein  contained  shall  be  so  construed  as 
to  authorize  the  Legislature  to  levy  in  any  one  year  a  greater 
rate  of  State  taxation  for  all  purposes,  including  schools,  than 
sixty-five  cents  on  each  one  hundred  dollars  worth  of  taxable 
property;  and  provided  further,  that  nothing  herein  contained 
shall  prevent  the  Legislature  from  first  providing  for  the  pay- 
ment of  the  bonded  indebtedness  of  the  State  and  interest  there- 
on out  of  all  the  revenues  of  the  State. 

261.  Not  more  than  four  per  cent,  of  all  moneys  raised,  or 
which  may  hereafter  be  appropriated  for  the  support  of  public 
schools,  shall  be  used  or  expended  otherwise  than  for  the  pay- 
ment of  teachers  employed  in  such  schools;  provided,  that  the 
Legislature  may,  by  a  vote  of  two-thirds  of  each  house,  suspend 
the  operation  of  this  section. 


206 

262.  The  supervision  of  the  public  schools  shall  be  vested  in 
a  Superintendent  of  Education,  whose  powers,  duties  and  com- 
pensation shall  be  fixed  by  law. 

263.  No  money  raised  for  the  support  of  the  public  schools 
shall  be  appropriated  to  or  used  for  the  support  of  any  sectarian 
or  denominational  school. 

264.  The  State  University  shall  be  under  the  management 
and  control  of  a  board  of  trustees  which  shall  consist  of  two 
members  from  the  Congressional  district  in  which  the  Univer- 
sity is  located,  one  from  each  of  the  other  Congressional  districts 
in  the  State,  the  Superintendent  of  Education  and  the  Governor 
who  shall  be  ex-officio  president  of  the  board.  The  members  of 
the  Board  of  Trustees  as  now  constituted  shall  hold  office  until 
their  respective  terms  expire  under  existing  law,  and  until  their 
successors  shall  be  elected  and  confirmed  as  hereinafter  requir- 
ed. Successors  to  those  trustees  whose  terms  expire  in  nineteen 
hundred  and  two  shall  hold  office  until  nineteen  hundred  and  sev- 
en; successors  to  those  trustees  whose  terms  expire  in  nineteen 
hundred  and  four  shall  hold  office  until  nineteen  hundred  and 
eleven ;  successors  to  those  trustees  whose  terms  expire  in  nine- 
teen hundred  and  six  shall  hold  office  until  nineteen  hundred  and 
fifteen  and  thereafter  their  successors  shall  hold  office  for  a  term 
of  twelve  years.  When  the  term  of  any  member  of  such  board 
shall  expire,  the  remaining  members  of  the  board  shall  by  secret 
ballot  elect  his  successor;  provided,  that  any  trustee  so  elected 
shall  hold  office  from  the  date  of  his  election  until  his  confirm- 
ation or  rejection  by  the  Senate,  and,  if  confirmed,  until  the  ex- 
piration of  the  term  for  which  he  was  elected,  and  until  his  suc- 
cessor is  elected.  At  every  meeting  of  the  Legislature  the  Sup- 
erintendent of  Education  shall  certify  to  the  Senate  the  names  of 
all  who  have  been  so  elected  since  the  last  session  of  the  Legisla- 
ture, and  the  Senate  shall  confirm  or  reject  them,  as  it  shall  de- 
termine is  for  the  best  interest  of  the  University.  If  it  reject 
the  names  of  any  members,  it  shall  thereupon  elect  trustees  in 
the  stead  of  those  rejected.  In  case  of  a  vacancy  on  said  board 
by  death  or  resignation  of  a  member,  or  from  any  cause  other 
than  the  expiration  of  his  term  of  office,  the  board  shall  elect  his 
successor  who  shall  hold  office  until  the  next  session  of  the  Legis- 
lature. No  trustee  shall  receive  any  pay  or  emolument  other 
than  his  actual  expenses  incurred  in  the  discharge  of  his  duties 
as  such. 

265.  After  the  ratification  of  this  Constitution  there  shall 
be  paid  out  of  the  treasury  of  this  State,  at  the  time  and  in  the 
manner  provided  by  law,  the  sum  of  not  less  than  thirty-six  thou- 
sand dollars  per  annum  as  interest  on  the  funds  of  the  University 
of  Alabama,  heretofore  covered  into  the  treasury,  for  the  main- 
tenance and  support  of  said  institution;  provided,  that  the  Legis- 


207 

lature  shall  have  the  power  at  any  time  they  deem  proper  for  the 
best  interest  of  said  University  to  abolish  the  military  system  at 
said  institution,  or  reduce  the  said  system  to  a  department  of 
instruction,  and  that  such  action  on  the  part  of  the  Legislature 
shall  not  cause  any  diminution  of  the  amount  of  the  annual  inter- 
est payable  out  of  the  treasury  for  the  support  and  maintenance 
of  said  University. 

266.  The  Alabama  Polytechnic  Institute,  formerly  called  the 
Agricultural  and  Mechanical  College,  shall  be  under  the  manage- 
ment and  control  of  a  Board  of  Trustees,  which  shall  consist  of 
two  members  from  the  Congressional  district  in  which  the  insti- 
tute is  located,  and  one  from  each  of  the  other  Congressional  dis- 
tricts in  the  State,  the  State  Superintendent  of  Education,  and 
the  Governor,  who  shall  be  ex-officio  president  of  the  board.  The 
trustees  shall  be  appointed  by  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  and  shall  hold  office  for  a  term 
of  twelve  years,  and  until  their  successors  shall  be  appointed  and 
qualified.  The  board  shall  be  divided  into  three  classes,  as  near- 
ly equal  as  may  be,  so  that  one-third  may  be  chosen  quadrennial- 
ly. Vacancies  occurring  in  the  office  of  trustees  from  death  or 
resignation,  and  the  vacancies  regularly  occurring  in  the  year 
nineteen  hundred  and  five,  shall  be  filled  by  the  Governor,  and 
such  appointee  shall  hold  office  until  the  next  meeting  of  the  Leg- 
islature. Successors  to  those  trustees  whose  terms  expire  in 
nineteen  hundred  and  three  shall  hold  office  until  nineteen  hun- 
dred and  eleven;  successors  to  those  whose  terms  of  office 
expire  in  nineteen  hundred  and  five  shall  hold  office  until 
nineteen  hundred  and  fifteen;  and  successors  to  those  whose 
terms  of  office  expire  in  nineteen  hundred  and  seven  shall  hold 
office  until  nineteen  hundred  and  nineteen.  No  trustee  shall  re- 
ceive any  pay  or  emolument  other  than  his  actual  expenses  in- 
curred in  the  discharge  of  his  duties  as  such. 

267.  The  Legislature  shall  not  have  power  to  change  the  lo- 
cation of  the  State  University,  or  the  Alabama  Polytechnic  Insti- 
tute, or  the  Alabama  school  for  the  Deaf  and  Blind,  or  the  Ala- 
bama Girls'  Industrial  School,  as  now  established  by  law,  except 
when  a  vote  of  two-thirds  of  the  Legislature  taken  by  yeas  and 
nays  entered  upon  the  Journals. 

268.  The  Legislature  shall  provide  for  taking  a  school  cen- 
sus by  townships  and  districts  throughout  the  State  not  oftener 
than  once  in  two  years,  and  shall  provide  for  the  pnishment  of 
all  persons  or  officers  making  false  or  fraudulent  enumerations 
and  returns;  provided,  the  State  Superintendent  of  Education 
may  order  and  supervise  the  taking  of  a  new  census  in  any  town- 
ship, district  or  county,  whenever  he  may  hav6  reasonable  cause 
to  believe  that  false  or  fraudulent  returns  have  been  made. 


208 

269.  The  several  counties  in  this  State  shall  have  power  to 
levy  and  collect  a  special  tax  not  exceeding  ten  cents  on  each  one 
hundred  dollars  of  taxable  property  in  such  counties,  for  the 
support  of  public  schools;  provided,  that  rate  of  such  tax,  the 
time  it  is  to  continue,  and  the  purpose  thereof,  shall  have  been 
first  submitted  to  a  vote  of  the  qualified  electors  of  the  county, 
and  voted  for  by  three-fifths  of  those  voting  at  such  election ;  but 
the  rate  of  such  special  tax  shall  not  increase  the  rate  of  taxation 
State  and  county  combined,  in  any  one  year,  to  more  than  one 
dollar  and  twenty-five  cents  on  each  one  hundred  dollars  of  tax- 
able property,  excluding,  however,  all  special  county  taxes  for 
public  buildings,  roads,  bridges  and  the  payment  of  debts  exist- 
ing at  the  ratification  of  the  Constitution  of  eighteen  hundred 
and  seventy-five.  The  funds  arising  from  such  special  school 
tax  shall  be  so  apportioned  and  paid  through  the  proper  school 
officials  to  the  several  schools  in  the  townships  and  districts  in 
the  county  that  the  school  terms  of  the  respective  schools  shall 
be  extended  by  such  supplement  as  nearly  the  same  length  of 
time  as  practicable ;  provided  that  this  section  shall  not  apply  to 
cities  of  Decatur,  New  Decatur  and  Cullman. 

270.  The  provisions  of  this  article  and  of  any  act  of  the  Leg- 
islature passed  in  pursuance  thereof  to  establish,  organize  and 
maintain  a  system  of  public  schools  throughout  the  State,  shall 
apply  to  Mobile  county  only  so  far  as  to  authorize  and  require 
the  authorities  designated  by  law  to  draw  the  portions  of  the 
funds  to  which  said  county  shall  be  entitled  for  school  purposes 
and  to  make  reports  to  the  Superintendent  of  Education  as  may 
be  prescribed  by  law ;  and  all  special  incomes  and  powers  of  tax- 
ation as  now  authorized  by  law  for  the  benefit  of  public  schools 
in  said  county  shall  remain  undisturbed  until  otherwise  provided 
by  the  Legislature ;  provided,  that  separate  schools  for  each  race 
shall  always  be  maintained  by  said  school  authorities. 

ARTICLE  XIX. 

Section  1.  The  several  counties  in  the  State  shall  have  power 
to  levy  and  collect  a  special  county  tax  not  exceeding  thirty  cents 
on  each  one  hundred  dollars  worth  of  taxable  property  in  such 
counties  in  addition  to  that  now  authorized  or  that  may  hereafter 
be  authorized  for  public  school  purposes,  and  in  addition  to  that 
now  authorized  under  section  260  of  article  XIV  of  the  Consti- 
tution ;  provided,  that  the  rate  of  such  tax,  the  time  it  is  to  con- 
tinue and  the  purpose  thereof  shall  have  been  first  submitted  to 
the  vote  of  the  qualified  electors  of  the  county,  and  voted  for  by 
a  majority  of  those  voting  at  such  election. 

Section  2.  The  several  school  districts  of  any  county  in  the 
State  shall  have  power  to  levy  and  collect  a  special  district  tax 


209 

not  exceeding  thirty  cents  on  each  one  hundred  dollars  worth  of 
taxable  property  in  such  district  for  public  school  purposes ;  pro- 
vided that  a  school  district  under  the  meaning  of  this  section 
shall  include  incorporated  cities  or  towns,  or  any  school  district 
of  which  an  incorporated  city  or  town  is  a  part,  or  other  such 
school  districts  now  existing  or  hereafter  formed,  as  may  be 
approved  by  the  county  board  of  education;  provided  further, 
that  the  rate  of  such  tax,  the  time  it  is  to  continue  and  the  pur- 
pose thereof  shall  have  been  first  submitted  to  the  vote  of  the 
qualified  electors  of  the  district  and  voted  for  by  a  majority  of 
those  voting  at  such  election ;  provided  further,  that  no  district 
tax  shall  be  voted  or  collected  except  in  such  counties  as  are 
levying  and  collecting  not  less  than  a  three-mill  special  county 
school  tax. 

Section  3.  The  funds  arising  from  the  special  county  school 
tax  levied  and  collected  by  any  county  shall  be  apportioned  and 
expended  as  the  law  may  direct ;  and  the  funds  arising  from  the 
special  school  tax  levied  in  any  district  which  votes  the  same  in- 
dependently of  the  county  shall  be  expended  for  the  exclusive 
benefit  of  the  district,  as  the  law  may  direct. 


INDEX 

Page 

ACADEMY  FOR  BLIND. 

Admission,   requirements   for. 105 

Appropriation,  basis  for _ 106 

Establishment     - - 105 

Management  and  control _ _ - .- 105 

■             Officers  and  teachers,  appointment  and  salaries 106 

ADMINISTRATION  OF  PUBLIC  SCHOOLS „. 7 


AGRICULTURAL  AND  MECHANICAL  INSTITUTE  FOR 
NEGROES. 

Appropriation  for   _ 88, 137 

Board  of  trustees  abolished _ 11 

Management  and  control 88 

Morrill  Fund  „ _... 88 

■  Name  :... ; _ 88, 137 

AGRICULTURAL  EXTENSION  WORK.— See  Smith-Lever  Act. 

Alabama  Polytechnic  Institute  in  charge  of _ 179 

Appropriations  for „ _ 177, 179 

Balances,  disposition  of „ 180 

Report,  monthly  to  Governor 180 

Types  of  176,179 

Amendment  approved  September  30,  1920 181 

AGRICULTURAL  SCHOOLS,  STATE  SECONDARY. 

Appropriations 84, 132 

Dormitories,  erection  of „ 84 

Location  _ 84,132 

Management  and  control 85 

Name    ...._ 84, 132 

ALABAMA  ACADEMY  FOR  BLIND.— See  Academy  for  Blind. 

ALABAMA  BOYS  INDUSTRIAL  SCHOOL. 

Appropriations _ 143 

Convict  inmates  to  be  segregated 110 

Directors,  board  of _ 107 

Established •  107 

Judges,  powers  as  to  committals 108 

Management  and  control „ 107 

Objects „ 108 

Officers ,...„ _ „ 107 

Treasurer 110 

Amendment  approved  September  28,  1920 144 

Medical  service _ 197 

ALABAMA  POLYTECHNIC  INSTITUTE.— See  Canebrake. 

Animal   industry   department 139 

Appropriations  for 138 

Co-ordination  of  vv^ork _ 102 

Extension  work  under ,^ „_ _ 180 

Federal  land  grant  endowment _ 139 

Interest  on  land  script _ „ 94 


INDEX  211 

Page 
ALABAMA  POLYTECHNIC  INSTITUTE.— Continued. 

Organization  and  instruction. _ 94 

Reports  to  Ler;islature - -.- ~ - 95 

Summer  school  _ _ ~ - - 139 

Trustees  of _ ~ 94 

ALABAMA   REFORM   SCHOOL  FOR  JUVENILE   NEGRO    LAW- 
BREAKERS.—See  Negro  Reform  School. 

ALABAMA  REFUGE  HOME _ 146 

ALABAMA  SCHOOL  FOR  DEAF.— See  Deaf,  Alabama  School  for. 

ALABAMA  SCHOOL  FOR  NEGRO  DEAF  MUTES  AND  BLIND.— 
See  Negro  School  for  Deaf  and  Blind. 

ALABAMA  SCHOOL  OF  TRADES  AND  INDUSTRIES. 

Appropriation,  conditional  _ _ — 136 

Established    _ _..._ 86 

Gifts  may  be  accepted. _.— 86 

Located  at  Ragland — _ 87 

Temporary  board  to  be  appointed  by  Governor — 86 

ALABAMA  TECHNICAL  INSTITUTE  AND  COLLEGE  FOR 
WOMEN- 

Appropriations  for , „.„ 137 

Condemnation  proceedings  may  be  instituted  by 92 

Congressional  land  grants^ _ „... _ _ 93 

Co-ordination  of  work _ „.... _ 102 

Established  at  Montevallo 88 

Exemption  of  property  of  from  taxation. 92 

Interest  on  proceeds  of  land  sales. _ 93, 138 

ISlame,  original  88 

Olticers  of  _ _ 89 

President  and  faculty _ _.... „ 90 

Purpose  and  scope : 90 

Summer  school „„ 138 

Trustees  of  _ 89, 

Who  may  be  admitted _ 91. 

ALABAMA  STATE  TRAINING  SCHOOL  FOR  GIRLS L 146. 

Appropriations  for  buildings,  etc _ _ 148> 

fcjaie  01  property  and  re-iocation  of  school 147, 

Medical  service  _ „ 19X 

ALABAMA,  UNIVERSITY  Ol'.— See  University  of  Alabama. 

ALABAMA  VOCATIONAL  SCHOOL  FOR  GIRLS. 

Appropriations    _ ' i4g 

In  ame   cnanged   to _ _ _ _ i4jj 

Medical  service  _ _. _„ j.97 

ALBERTVILLE. 

bchooi  district  created 288 

ALCOHOLIC  DRINKS  AND  NARCOTICS. 

instruction  required  _ _. „ II7  155 

Kepoixs,  annual  to  Governor _ ■„..._ _ '  156 

xeacneis,  examination  of ...„ I55 

'±  empetance  day  _ 15g 


212  INDEX 

Page 
ANIMAL  HUSBANDRY.— See  Alabama  Polytechnic  Institute. 

ANIMALS,  HUMANE  TREATMENT  OF. 

Instruction  required _ - - 157 

ANNUAL  REPORTS.— See  reports. 

APPORTIONMENT  OF  SCHOOL  FUNDS. 

To  counties  by  State  Superintendent 41 

To  schools  by  county  board 41 

APPROPRIATIONS. 

Agricultural  extension,  promotion  of _ _ 176, 179 

Agricultural  schools,  State  Secondary. 132 

Blind,  Alabama  School  for 142 

Boys  Industrial  School 143 

Canebrake  Agricultural  Experiment  Station _ 193 

;.:'       County  fairs  _ 177 

Counties,  where  voting  special  school  tax -. 127 

''.'        Daphne  State  Normal  School „ 192 

Deaf,  Alabama  School  for -...._ 142 

Education  Department,  Contingent  Fund 126 

Education  Department  for  teacher  certification,  training,  read- 
ing circle,  extension  and  institute  work 128 

,  •  ;      Experiment  Station _ 141 

;.;      •  Girls  Technical  Institute  and  College  for  Women 137 

High  schools  — 131 

.  ,i      Home  economics,  promotion  of — 176 

.,  ;     •  Home  for  Mental  Inferiors 124 

Negro  Deaf  and  Blind  School _ „....  143 

Negro  Reform  School  at  Mt.  Meigs 145 

Ninth  District  Agricultural  School 149 

;       Polytechnic  Institute,  Alabama _ _ „ 138 

Polytechnic  Institute,  Alabama,  appropriation  for  indebtedness  139 

Rural   schoolhouses  _ 128 

Rural,  village  and  town  libraries _ 129 

.;     *  Schools,  further  appropriations  for  support  of _ 125 

State  Normal  School  for  Colored  Students 135 

State  secondary  agricultural  schools _ 132 

State  Secondary  Agricultural  School,  Lineville 133 

•.-.  ;      Trades  and  Industrial  School _ _ 136 

/:  .      Training  School  for  Girls 146 

'.    ♦Tuskegee  Normal  and  Industrial  Institute 149 

University  of  Alabama,  appropriations  for. _ 140 

Vocational  education  130 

ASSISTANTS.— See  Supervisors. 

ATTENDANCE.— See  Compulsory  Attendance. 

BIBLE,  Daily  Reading  Required. 

Compliance,  teachers  and  superintendents  must  certify  to 154 

Public  funds,  payment  of  dependent  on „ 154 

BLIND,  ALABAMA  SCHOOL  FOR.— See  Academy  for  Blind. 

BOARD  OF  CONTROL  AND  ECONOMY. -See  Control  and  Econ- 


INDEX  213 

BOARD  OF  COMPROMISE  OF  SCHOOL  LANDS.— See  School  Lands.    ^^^ 

BOARD  OF  CONTROL  AND  ECONMY.— See  Control  and  Econ- 
omy, Board  of. 

BOARD  OF  EDUCATION,  CITY.— See  City  Board  of  Education. 

BOARD  OF  EDUCATION,  COUNTY.— See  County  Board  of  Education. 

BOARD  OF  EDUCATION,  STATE.— See  State  Board  of  Education. 

BOOKS.— See  textbooks. 

BONDS. 

Municipal  elections  for  issuance _ 190 

Amendment  approved  October  12,  1920 „ _ _ 191 

School  officials  and  employees. .._ _ •  117 

BONUS  FUND. 

Apportionment,  basis   of 51 

Appropriation  _ _.„ _ 127 

BOYS  AGRICULTURAL  CLUBS.— See  County  Fairs. 

BOYS'  INDUSTRIAL   SCHOOL,  ALABAMA.— See  Alabama  Boys' 
Industrial  School. 

CANEBRAKE  AGRICULTURAL  EXPERIMENT  STATION. 

Appropriations   for „ 193 

Director  authorized  _ _ 193 

Institutes  to  be  held  by _.. _..._ 193 

Objects  of  _ ...: _ 193 

Trustees,  board  of,  powers  and  duties _ 193 

CEMENT  LABORATORY.— See  under  University  of  Alabama. 

CENSUS  OF  SCHOOL  CHILDREN. 

City  board  _ 34 

City  superintendent _ 40 

County  board _ _ _ ._ „ _ 24 

County  superintendent  .._ 29 

Regulations  to  be  prescribed  by  State  board ._ _ „  10 

Use  of  for  compulsory  attendance 57 

CERTIFICATION  OF  TEACHERS. 

Certificates  required;    superintendents,  supervisors,  principals, 

teachers    „ „._ 57 

Classes  of  certificates _. _ „ 58 

Examinations    59 

Fees  _ _ „ 59 

Placement  of  teachers „ 59 

Private  and  parochial _ «. 55 

Validation  and  extension _ _ _._ _ _ 58 

CHILD  LABOR.— See  also  Child  Welfare  Department. 

Age  certificate  _ _ , 162 

Age  limit  fixed „ _ _.... 158 


214  INDEX 

Page 
CHILD  LABOR.— Continued. 

Badge  to  be  worn. 163 

Child  Welfare  Department,  duties 165, 167 

Dangerous  occupations  defined ..._ 159 

Definitions    ^ _ 167 

Employment  certificates  161 

Employment  or  work  during  session  of  school  prohibited 161 

Employment  of  minor  children  regulated 158 

Expenses  of  inspection „ 166 

Hours  of  service 158 

Inspectors,  duties  of , _ 165 

Messenger  service 159 

Newsboys 163 

Occupations,  prohibited  service _ _ „ 159 

Penalties    „ 166 

Sanitation    _ _ 165 

School  attendance  _ 161 

State  Board  of  Health,  duties 160 

CHILD  WELFARE. 

Adoptions,  general  supervision ^ 167 

Annual  meetings  of  commission 168 

Apprentices,  general  supervision _ 168 

Appropriation  for  maintenance 171 

Additional  appropriation  171 

Attendance  officers,  duties  of  prescribed 54 

Chartered  institutions  only  entitled  to  permit 170 

Child  labor  law,  enforcement  of _ 167 

Child  placing  agencies,  general  supervision _ 168 

Commission  for  government  of _ 168 

Conferences  and  conventions  authorized _ 168 

Co-operation  with  education  and  health  departments,  and  in- 
stitutions     _ _ 168 

Director  to  be  appointed _...: _ _ 169 

Director,  secretary  of  commission 169 

Established _ 167 

Factory  inspection  „ 168 

Homes  may  be  established  and  maintained _ 168 

Institutional  visitation _....'. 168 

Judges  to  make  monthly  reports _ _ 170 

Juvenile  courts 167, 170 

Minor  children,  general  oversight „ 167 

Orphanages,  permits  to 168, 170 

Penalties  for  failure  to  make  reports,  and  failing  or  refusing  to 

allow  inspection  _ 170 

Permits  for  operation  of  institutions  under  jurisdiction  of 170 

Reports  by  reformatories,  orphanages,  to  be  made 170 

Reports,  power  to  require  from  courts  and  institutions 170 

Standards  may  be  fixed 170 

Supervision  of  children  in  homes  or  institutions 170 

Surveys  authorized _ 168 

Amendment  approved  September  27,  1920... „ 171 

CITY  BOARDS  OF  EDUCATION. 

Annual  meetings  of  board 34 

Annual  report  to  be  published _ _ 38 

Borrow  money,  power  to _ 37,  49 


INDEX  216 

Page 
CITY  BOARDS  OF  EDUCATION.—Continued. 

Census  of  school  children  to  be  taken  under  direction  of 34 

City  superintendent,  powers  and  duties 34 

City  under  school  act,  defined 33 

Defectives,  schools  for,  power  to  establish _ „. ,. 37 

Elections  may  be  held  for  bond  issues _ 36 

Executive  officer,  the  city  superintendent..- _ : 34 

Illiterates,  schools  for,  power  to  establish 37 

Kindergartens,  power  to  establish _ 35 

Libraries  may  be  established  and  maintained  by _ _ 37 

Office  of  - 34 

Powers  and  duties  of _ _ _ _ _ 33 

Salaries  of  teachers  fixed  by „ 36 

Warrants,  authority  to  issue _ _ — 49 

COMPULSORY  ATTENDANCE. 

Attendance   districts   — _ 54 

Attendance  officer,  duties  of _ -....! „ 54 

Dependent  children  _ - 54 

Exemptions    _ — _ „ 53 

Lists  furnished  teachers.., _ 54 

Of  whom  required _ 53 

Parents  and  guardians,  penalties  for  violation 55 

Private  and  parochial  teachers,  certification  required 55 

Reports * _ _ _ 54 

Truants  or  menaces,  disposition  of _ 56 

CITY  SUPERINTENDENT  OF  SCHOOLS. 

Certification. — See  Certification  of  Teachers. 

Executive  officer  of  city  board „ 39 

Powers  and  duties _ „ „... 39 

Term  of  election :.  38 

CONSOLIDATION  OF  SCHOOLS _ 23 

CONSOLIDATION  OF  DISTRICTS  FOR  TAXATION _ 48 

CONSTITUTION,  EDUCATIONAL  PROVISIONS. 

Alabama  Polytechnic  Institute,  control  of 207 

Decatur,  New  Decatur,  Cullman,  tax  rate  for  education 204 

Expenditure  of  county  and  district  funds _ _ _ 208 

Legislature  to  establish  system _ 204 

Mobile  County,  provision  for..„ „ 208 

Montgomery,  tax  rate  for  education _...., 204 

One  mill  county  tax _ 208 

Sources  of  revenue _ „ 205 

Three  mill  county  tax 208 

Three  mill  district  tax „...._ _ 208 

University  of  Alabama,  control  and  support 206 

CONTINGENT  FUND. 

Education  Department  _ _ _ 126 

CONTROL  AND  ECONOMY,  BOARD  OF. 

Stationery,  office  supplies,  etc.,  purchase  of. - _ 195 

COUNCIL  OF  EDUCATION.— See  State  Council  of  Education. 


216  INDEX 

Page 

COUNTIES. 

Libraries  may  be  established  and  maintained  by 172. 

COUNTY  BOARDS  OF  EDUCATION. 

Bprrow  money,  power  to - -.. 25,  49' 

Census  of  school  children —- 24 

Compulsory  attendance  ~ - 25- 

Condemnation  power  ^ 26 

Consolidation  of  school  districts _ 150 

Consolidation  of  schools _ - 23; 

Constitution  of  _ - —  20 

Control  of  county  educational  interests _ :. 8,  20 

Control  of  county  school  property _ _ 22 

County  superintendent,  appointed 21 

Election  of 21 

Grade  and  standardize  schools -...._ ~ 23,  25 

Incidental  fees  - ...._ 24 

Insurance  on  school  buildings _ „ _. - - 26 

Meetings  -...- 21 

Per  diem  and  expenses 21 

Record  of  apportionment  and  disbursement 43 

Sanitation  of  schools 23 

Teachers  appointed  by _ - 23 

Treasurer  of  county  school  funds 22 

Trustees  of  school  property _ „ 26 

Warrants,  authority  to  issue _ _ 49 

COUNTY  FAIRS. 

Appropriation  by  State _ _ _ 177 

Authorized 177 

Boards  of  directors 177 

Dates  for  _ 177 

Districts  to  be  laid  off  in  counties „ _ 177 

Premiums    _ _ 177 

Smith-Hughes  law,  work  under _ _ 177 

COUNTY  HIGH  SCHOOLS.— See  also  under  High  Schools. 

Appropriations   for   82, 131 

Cities  and  towns  authorized  to  supplement  appropriations _ 83 

Commission  abolished  „ 11 

Conditions  of  location _ _ _ 82 

County  board  of  education  in  control  of _ 83 

Laboratory  and  shop  work,  fees  for 83 

Location  of  in  the  several  counties 82 

Matriculation  fees  authorized _ 83 

Supervision    83, 131 

Treasurer _ 83 

Special  appropriation  132 

COUNTY  SCHOOL  TAX.— See  One  Mill  Tax.    See  Three  Mill  Tax. 

C;OUNTY  SUPERINTENDENT  OF  EDUCATION. 

Appointment  of  „ _ _ 26 

Certification. — See  Certification  of  Teachers. 

Powers  and  duties 27 

Qualifications  of _. .  _ 26,  58 

Salary  of  _ _ 27 


INDEX  217 

Page 
COUNTY  TREASURER  OF  SCHOOL  FUNDS. 

Powers  and  duties....™ •       52 

CRIMINAL  PROVISIONS.— See  Penalties. 

DAPHNE  STATE  NORMAL  SCHOOL. 

Appropriation  for '. 133 

Appropriation  for  grounds,  buildings  and  repairs 192 

Government  of  _ 85 

DEAF,  ALABAMA  SCHOOL  FOR. 

Appropriation  _._ — — _ 142 

Established    _ - » 103 

Executive  committee  _ _ — 105 

Insurance  - _ - _ 105 

Objects   „ _ -....- _ 104 

Treasurer — „ 104 

Trustees   _ _ _ _ _ 103 

DENOMINATIONAL  SCHOOLS.— See  Private  Schools. 

DISTRICT. 

Attendance. — See  Compulsory  Attendance. 

School  tax  _ „ - 45 

DISTRICTS. 

Consolidation  of  schools „ ._ 23 

Consolidation  for  taxation. ...._ 48 

Formation  of  for  taxation „ _ ,.._ 47 

School,  adjacent  in  contiguous  counties  may  be  consolidated 150 

EDUCATION  BOARDS,  INCORPORATION  OF,  RIGHTS  AND 

POWERS  OF  _ 199 

EDUCATION,  CITY  BOARDS  OF.— See  City  Boards  of  Education. 

EDUCATION,  COUNTY  BOARDS  OF.— See  County  Boards  of  Education. 

EDUCATION,  STATE  BOARD  OF.— See  State  Board  of  Education. 

EDUCATION,  STATE  COUNCIL  OF.— See  State  Council  of  Education. 

EDUCATION,  STATE  DEPARTMENT  OF.— See  State  Department  of 
Education. 

iin)UCATION  COMMISSION. 

Created 185 

Duties  of _ 185 

EDUCATONAL  FUNDS,— See  Public  School  Funds. 

ELECTIONS.— See  under  One  Mill  School  Tax;    Three  Mill  School 
Tax;  District  School  Tax. 

ELEMENTARY  EDUCATION,  DIVISION  OF _ _ 19 

EQUALIZATION  OF  SCHOOL  OPPORTUNITIES.— See  Revolving 
Fund. 

ESCHEATS.— See  Public  School  Funds. 


218  INDEX 

Page 
EXCEPTIONAL  EDUCATION,  DIVISION  OF 20 

EXECUTIVE  AND  BUSINESS  MANAGEMENT,  DIVISION  OF 18 

EXTENSION.— See  Training  of  Teachers  in  Service. 

EXTENSION  OF  TEACHERS'  CERTIFICATES. 

Power  to  authorize  granted  State  Board 58 

Soldiers  and  sailors,  for  two  years 153 

EXTENSION  WORK  IN  AGRICULTURE.— See  Agricultural  Exten- 
sion Work. 

EXITS. 

Must  open  outward _ 184 

FEDERAL  AID.— See  Sraith-Hughes  Act;  See  Smith-Lever  Act. 

FIRE  DRILLS. 

Exits,  must  open  outward _ „ 184 

Schools  required  to  have 185 

FIRE  INSURANCE.— See  Insurance. 

FLORENCE  STATE  NORMAL  SCHOOL.— See  also  Normal  Schools. 

Appropriation  for  133 

Practice  school  at _ _ „.... 135 

FUNDS. — See  Public  School  Funds;  See  also  Appropriations. 

GIRLS  HOME  DEMONSTRATION  CLUBS.— See  County  Fairs. 

GIRLS'    TECHNICAL    INSTITUTE— See  Alabama  Technical  Insti- 
tute and  College  for  Women. 

HEALTH   SUPERVISOR  „ _ „ _...._ 30 

HIGH  SCHOOLS.— See  also  County  High  Schools. 

Course  of  study  of 9 

Junior,  provisions  for _ „ 25,  28 

Senior,  provisions  for 25,  28 

Standardization  of _ 15 

Supervision   of   _ „ _ _ 19 

HOME    ECONOMICS    WORK.— See  Alabama  Polytechnic  Institute, 
Extension. 

HOME  FOR  MENTAL  INFERIORS.— See  Mental  Inferiors,  Home  for. 

HUNTSVILLE  STATE  NORMAL  AND  INDUSTRIAL  SCHOOL.— 
See  Agricultural  and  Mechanical. College  for  Negroes. 

HYGIENE.— See  also  Sanitation. 

State  Board  to  provide _ _ „ 9 

ILLITERACY. 

Appropriation  131 

Commission  abolished  „ „ _ _ 11 

Co-operation  of  city  and  county  boards 74 

Removal  of  illiteracy _..„.  74 

INSPECTION  OF  BUILDINGS.-See  Rural  Schoolhouses. 


INDEX  219 

Page 
INSPECTION  OF  SCHOOLS  AND  OTHER  INSTITUTIONS. 

Inspection  provided  _ _ - 174 

Governor  appoints  inspectors - 174 

Penalties 175 

Powers  of  inspectors _ 175 

Reports  to  be  filed 175 

INSTITUTES.— See  Training  of  Teachers. 

INSURANCE   „ ....- - - 26 

JACKSONVILLE  STATE  NORMAL  SCHOOLS.— See  also  Normal 
Schools. 

Appropriation  for 133 

Practice  school  at 135 

JUNIOR  HIGH  SCHOOLS.— See  High  Schools. 

LANDS,  SCHOOL.— See  School  Lands. 

LAWRENCE  COUNTY.— See  Town  Creek. 

LIBRARIES. 

Cities  may  issue  bonds  for  establishment  of _ 191 

City  boards  of  education  may  establish  and  maintain _ 37 

County  libraries  may  be  established,  appropriations  for  sup- 
port of  _ _ _ _ 172 

Director,  Department   of   Archives    and    History,    duty   as    to 

county  libraries  173 

Rural,  village  and  town  schools,  appropriation  for. .....; 68, 129 

School  libraries,  established _ _ _ 68 

Amendment  to  county  library  law. 173 

LINEVILLE  STATE  SECONDARY  AGRICULTURAL  SCHOOL. 

Appropriation  „ _ 133 

Name  changed  to „ 133 

LIVINGSTON  STATE  NORMAL  SCHOOL.-See  also  Normal  Schools. 

Appropriation  for 133 

Practice  School  at „ _ _ 135 

LOCAL  TAX.— See  One  Mill  Tax;  ^ee  Three  Mill  Tax. 

MEDICAL  COLLEGE  OF  ALABAMA.— See  University  of  Alabama, 
Medical  Department. 

MENTAL  INFERIORS,  HOME  FOR. 

Appropriations  for  support  of 124 

Board  of  managers  of _ _ „ 119 

Committals  to  home,  how  made 121 

Established  on  grounds  of  Bryce  Hospital _ 119 

Inmates  of  poor  houses,  jails,  orphanages  and  schools,  found  to 

be  mental  inferiors,  to  be  transferred  to  home _ 124 

Insane  inmates  transferred  to  hospitals _ 120 

Mental  inferiors  defined _ 120 

Paroles   of  inmates „ „ _ 122 

Superintendent  of  home ,. 119 

Superintendent,  powers  and  duties „ „ 119 

Treatment  of  inmates > „ _ 122 


220  INDEX 

Page 
MERCY   HOME   INDUSTRIAL   SCHOOL   FOR    GIRLS.— See   Ala- 
bama Vocational  School  for  Girls. 

MINING  ENGINEERING.— See   University  of  Alabama,  School   of 
Mines. 

MOBILE. 

City  required  to  pay  one-half  annual  expenses  of  juvenile 
court,  the  detention  home  for  delinquent  juveniles,  includ- 
ing salaries „ _ 186 

MONTGOMERY  NORMAL  SCHOOL.— See  State  Normal  School  for 
Colored  Students. 

MOUNDVILLE    STATE    NORMAL   SCHOOL.— See  also  Normal 
Schools. 

Appropriation  for 133 

Removal   of,  authorized „ _ _ „ „ 134 

MT.  MEIGS,  REFORMATORY.— See  Negro  Reform  School. 

NARCOTICS,    INSTRUCTION    REQUIRED.— See  Alcoholic  Drinks 
and  Narcotics. 

NEGRO  REFORM  SCHOOL  AT  MT.  MEIGS. 

Appropriations    _ 145 

Established    „...„ Ill 

Objects   _ „ Ill 

Trustees,  powers  and  duties _ Ill 

NEGRO  SCHOOL  FOR  DEAF  AND  BLIND. 

Appropriation  for  _ _ _ 143 

Established    _ 106 

NINTH  DISTRICT  AGRICULTURAL  SCHOOL. 

Appropriation  to  rebuild _ _ „ „ ....„ 149 

Name  changed  _ _ _ _ _ 84 

NORMAL  SCHOOLS. 

Alcoholic  drinks,  tobacco  and  other  narcotics,  instruction  in  to 

be  given  „ _ : 155 

Appropriations  for _ 133 

Controlled  by  State  Board  of  Education „ _ 85 

Practice  school  authorized  at „ 135 

State  board  of  trustees  abolished „ 11 

Temperance  institute  worker,  to  visit  each  normal  school  at 

least  once  a  year  and  lecture 155 

NORTHEAST  ALABAMA  AGRICULTURAL  AND  INDUSTRIAL 
INSTITUTE.— See  Lineville  State  Secondary  Agricultural 
School. 

ONE  MILL  COUNTY  SCHOOL  TAX. 

Election,  provisions  for _ 44 

Three-fifths  majority  required ....„ 44 

PAROCHIAL  SCHOOLS. 

Registration  required _.... „ 117 

Reports  required  of _ _ 10,  55, 118 


INDEX  221 

Page 
PENALTIES. 

Attendance  laws  violated  by  parent  or  guardian. _ 55 

Charging  more  than  contract  price,  textbooks 203 

Disturbing  public  assemblies,  etc, _...... _ 157,  202 

Embezzlement  of  school  funds 202 

False  or  fraudulent  enumeration  of  school  children _._ 203 

Injuring  or  defacing  trees,  buildings,  etc _ 114,  202 

Stealing  examination  questions _. 202 

Throwing  missiles  at  buildings _ „      202 

Use  of  other  than  contract  books „ ...._ „      203 

Violation  of  text-book  provisions „ _.....      203 

Wrongful  application  of  schoolhouse  warrants  or  proceeds _..      203 

PENSIONS.— See  Teachers'  Pensions. 

PHYSICAL  EDUCATION,  DIVISION  OF 19 

Physical  examination  of  school  children „ 196 

PLACEMENT  OP  TEACHERS „ „.... „ 18,  59 

POLL  TAX. 

Part  of  school  fund _ _ 7 


PRINCIPALS.— See  Certification  of  Teachers. 

PRIVATE  SCHOOLS. 

Registration  required  - „ _..  117 

Reports   required   of _ ., , 10,  55, 118 

PUBLIC  SCHOOLS. 

Administration  of  _ _. _ — 7,20,  33 

Provision  for  _ _ 7 

PUBLIC  SCHOOL  FUNDS.— See  also  Appropriations. 

Apportionment,  disbursement  of _ 41 

Bonds  of  officials  and  employees  ....„ _ _ _  117 

Contingent  fund  of  superintendent „  43 

County  treasurer  „ 52 

Escheats  „...._ _ 7 

Funds  for  maintenance _ 7 

Land  grants,  sales  or  rentals  of _ 7 

Legislative  special  appropriations _ _.....  7 

Licenses,  special _ _ „ 7 

Local  tax  bonus  fund _ 51 

Local  school  moneys  disbursed  in  districts  in  which  raised „  43 

One  mill  tax _ „ 44 

Poll  taxes 7,43 

Rural  schoolhouse  appropriations 63 

Rural  school  libraries,  appropriations „ _ 68 

Sixteenth  section  lands,  sales  or  rentals _  7 

Surplus  revenue  „...._ 7 

Thirty  cent  annual  tax _...._ ^  7 

Three  mill  county  and  district  school  tax. 45 

READING  CIRCLES. 

City  superintendents  responsible  for „ _...„ 40 

County  superintendents  arrange  for „ _ „  29,  62 

REFORM  SCHOOL  FOR  WHITE  BOYS.— See  Alabama  Boys'  Indus- 
trial School. 


222  INDEX 

Page 

REFUGE  HOME,  THE  ALABAMA 146 

REHABILITATION  OF  PERSONS  DISABLED  IN  INDUSTRY  OR 

OTHERWISE   „ - - 72 

REPORTS. 

Alcohol  and  narcotics ^ 156 

Annual,  of  city  board  for  publication 38 

Annual,  of  city  superintendent » 41 

Annual,  of  county  board  for  publication 24 

Annual,  of  county  superintendent _ _.. 30 

Annual,  of  State  Board _ _ _ 12 

Annual,  of  State  superintendent 17 

Bible  reading,  teachers  to  report  monthly 154 

Compulsory  attendance 55 

Forms  prescribed  by  State  Department 10 

Humane  education,  teachers  to  report  monthly 157 

Private  schools,  required  to  report ..55,118 

Salary  withheld  till  made 31 

Teachers 29,40 

REVOLVING  FUND. 

Appropriation 125 

Equalization  of  school  opportunities 13 

RURAL  LIBRARIES. 

Administration  and  preservation 69 

Appropriation   _ 68, 129 

County  and  local  requirements 68 

Selection  and  purchase  of  books 68,69 

RURAL  SCHOOLHOUSES,  ERECTION,  REPAIR,  EQUIPMENT. 

Application  for  State  aid 63 

Appropriation  „ _ 128 

Approval  of  application 64,  65 

Balances,  redistributed  _ 63 

County  board  in  control  of 64 

Inspection  of 64 

Amendment  increasing  amounts  allowed _ ~ 66 

RURAL  SCHOOLS,  DIVISION  OF 18 

SALE  AND  CONVEYANCE  OF  LAND 67 

SANITATION. 

Condemnation  of  unsanitary  buildings _ 28 

Out-houses,  responsibility  for 23 

Regulations  prepared  by  State  Superintendent _ 15 

Standards  fixed  by  State  Board _ _ „ 9 

SCHOOL  AND  COMMUNITY  BETTERMENT,  DIVISION  OF 20 

SCHOOL  BOOKS.— See  Textbook  Committee. 

SCHOOL  DISTRICTS.— See  Districts,  School. 

SCHOOL  FUNDS.— See  Public  School  Funds. 

SCHOOL  OF  MINES.— See  University  of  Alabama. 


INDEX  223 

Page 
SCHOOL  LANDS. 

Compromise  board  established _ _ - 116 

Depredation  on — 114 

Indemnity  lands  _ — - '■ 113, 116 

Sale  and  conveyance  of : 67, 113 

Sixteenth  section  _ _ - 112, 116 

Timber  reserves  _ — - 114 

SCHOOL  TRUSTEES. 

Appointed  for  local  schools. - 26,  31 

Board  of  school  trustees,  annual  meeting 31 

Powers  and  duties _ - - 31 

SCHOOLHOUSES.— See  Rural  Schoolhouses. 

SCHOOLS. — See  also  names  of  particular  institutions,  and  other  spe- 
cial titles. 

Administration  of  public _ ~ 7 

Agriculturel  schools,  names  changed,  and  appropriations 84 

Attendance  officers  _ _ 54 

Attendance  on  schools _ _ _ ~  53 

Blind,  Alabama  School  for,  appropriations _..... 142 

Board  of  Education,  State _ ._ _ - 8 

Bonus  fund 51 

Book  lists  for  county  libraries „ 68 

Boys'  Industrial  School,  appropriations _ 143 

Budget  Commission,  report  to  by  superintendent _ _ 17 

Census  of  school  children 10, 16 

Certificates  of  teachers  in  European  war  may  be  extended.. 153 

Certification   of  teachers _ „ _ 57 

Compulsorv  attendance 53 

Contingent  fund _ _ _ 43, 126 

Co-ordination  of  educational  effort _ _ 102 

Council  of  Education,  established _ _ 102 

County  boards  hold  in  trust  all  school  property _ 22 

County  boards  may  issue  interest  bearing  school  warrants  for 
school  buildings  and  other  improvements  in  county  school 

facilities   ..., _ ...._ _ 49 

County  boards  of  education _ 8,  26 

County  high  school _ _ _ _ 82 

County  treasurer  of  school  funds _ 52 

Courses  of  study „ 9, 15 

Daphne  State  Normal  School,  appropriations _ _._ 133 

Deaf,  Alabama   School _ _ 106 

Denominational  school  reports „ 10,  55, 118 

Diplomas,  must  meet  minimum  standards _ 10,15 

Disturbances  at  or  near  by  person  in  automobiles _ 157 

Divisions  of  Education  Department „ _ 18 

Education   Department   created : _ _ 7 

Educational   Commission _ _ 185 

Educational  system  „ _ _ 7 

Elementary  schools,  division  of _ 19 

Emergency  teacher's  certificates  authorized _ _ 58 

English  only  language  taught  in  first  six  grades 9 

Enlargement  of  appropriations  for  support  of. ._ _ 125 

Equalization  of  school  facilities 13 

Escheats,  part  of  school  fund. ...._ _ 7 

Examination  of  teachers _ _  58 


224  INDEX 

Page 
SCHOOLS.— Continued. 

Exceptional  education,  division  of.._ 20 

Executive  and  business  management,  division  of 18 

Extension  _ 62 

Forms  and  blanks - 10, 17 

Funds  expended  on  requisition  of  superintendent  of  education 13 

Funds   for  maintenance _ 7 

Girls'  Technical  Institute _ 88 

High  schools 82 

Higher  education,  study  of  needs 102 

Illiteracy,  removal  of _ 11,  74 

Institutes  for  teachers 61 

Instruction  in  humane  treatment  of  animals  to  be  given 157 

Investigation  of  educational  needs • _ 11 

Land  grants,  sales  or  rentals  of,  part  of  school  funds 7 

Lands,  sale  and  conveyance  of 67 

Lands,  school,  lease  and  sale _ _ _ 112 

Licenses,  special,  part  of  school  funds _ 7 

Local  school  moneys  expended  in  districts  in  which  raised 43 

Local  tax  bonus  fund _ 51 

Moundville  Normal  School,  may  be  removed 134 

Mental  inferiors  in,  transferred  to  home  for. 124 

Negro  Reform  School  at  Mt.  Meigs _ _ Ill 

Ninth  District  Agricultural  School,  appropriation  to  rebuild 149 

Normal  schools  _ _ _ _  86 

Normal  schools,  courses   of  instruction  must  include   training 

in  humane  treatment  of  animals =.   -  .  1-57 

Normal  training  schools  may  be  established  by  city  boards  of 

education  of  cities  of  150,000  population. 60 

Parents,  penalties  for  violation  of  attendance  law _ 55 

Parochial   school  reports _ 10,  55, 118 

Physical  education,  division  of „.... „ _ 19 

Physical  examination  of  children _._ „ 9, 15 

Poll  tax,  schools   of  counties  receive  all  poll  taxes   collected 

therein    43 

Poll  taxes,  part  of  school  fund _ _ _ 7 

Polytechnic  Institute,  Alabama „ 94 

Practice  schools,  authorized 135 

Private  school  reports _ 10,  55, 118 

Publications,  three  series  provided _ 20 

Reading  circle  _ 62 

Removal  of  school  officers _ 12 

Report  of  board  of  education  to  Governoi' 12 

Reports  to  superintendent  of  education  by  institutions _ 10 

Rural  libraries  68 

Rural   schoolhouses   _ 63 

Rural  school  libraries  may  be  affiliated  with  county  library 173 

Rural  schools,  division  of ...._ _ 20 

Rural,  village  and  town  library,  appropriations  to 129,172 

Salary  of  superintendent  of  education _ 13 

Sale  and  conveyance  of  land  deeded  to  State  for  school  purposes  67 

Sanitation  of  schools 9, 15 

Seal  of  board  of  education. _ _ 12 

School  and  community  betterment,  division  of. _ 20 

School  attendance  _ _ 53 

School  boards  and  commissions  abolished 11 

School  buildings  may  be  improved _ _ _ 63 


INDEX  225 

Page 

SCHOOLS.— Continued. 

Schools,  consolidation  of _ : _ 23 

School  laws,  State  superintendent  to  interpret 14 

Secondary  education,  division  of _ 19 

Sixteenth  section  lands,  part  of  school  fund _ 7 

Smith-Hughes  act,  co-operation  under 70 

Special  appropriations,  part  of  school  funds 7 

Standardization _ 9, 15 

State  Board  of  Education _ 8 

State  Normal  School  for  colored  students 85 

State  secondary  agricultural  schools 84 

State  secondary  schools 82 

Statistics,  division  of _ „ _ 18 

Summer  schools.  University,  appropriations 101, 140 

Superintendent   of  Education.. „ _ 13 

Supervision  of  educational  work  of  charitable,  penal,  reforma- 
tory and  child  caring  institutions 12 

Supplementary  appropriations  for  support  of,   subject  to  re- 
lease of   Governor „ 125 

Surplus  revenue,  part  of  school  fund „ _ 7- 

System  of  schools _ 7 

Teacher  training 61 

Teacher  training,  certification  and  placement,  division  of 18 

Teachers,  certification  of - _ „ 57 

Teachers'  institute  programs  must  include  topics  for  moral  and 

humane  education  _ _ _ _ 157 

Teachers'  pensions 183 

Teachers,  professional  record  of  kept  by  placement  bureau. 59 

Textbooks  _ _ _ 74 

Textbooks,  selected  under  direction  of    State  Board  of  Educa- 
tion     „ ^ 10 

Thirty  cent  annual  tax,  part  of  school  funds „ 7 

Three  mill  tax  elections 45 

Townships  abolished  .._ _ 117 

Training  of  teachers  in  service : 61 

Training  school  for  girls _ _ _ 146 

Truancy   _ „ 56 

Tuskegee  Normal  and  Industrial  Institute _ 149 

Vocational  education,  co-operation  with  Federal  government 70 

Vocational  education,  division  of _ ,. 19 

Vocational  education,  provisions  for _.... 70 

Vocational  School  for  Girls _ _ _ — 148 

SECONDARY   AGRICULTURAL   SCHOOLS.— See  Agricultural 
Schools,  State  Secondary. 

SECONDARY  EDUCATION,  DIVISION  OF. - 19 

SMITH-HUGHES. 

County  fairs,  participation  in _ _ 177 

Vocational  education  provided  for 70 

SMITH-LEVER. 

Alabama  Polytechnic  Institute  in  charge  of 179 

Appropriations  to  secure  benefit  of _ _ : _ 179 

Work  under,  in  connection  with  county  fairs __ 177 


226  INDEX 

STATE  BOARD  OF  EDUCATION.— See  also  Superintendent  of  Ed- 
ucation. 

Appropriation  for  further  support  of  schools 125 

Constituted - 8 

Expenses    of  board _ - 9 

Institutions  of  State,  under 9 

Meetings    „ 8 

Oath  of  office ._ - 8 

Per  diem   - 9 

Powers  and  duties,  general - 8 

Recommendations  to  Legislature 12 

Removal  of  members „ — 8 

Report,  annual  - 12 

Seal  may  be  adopted - _ 12 

Terms   of  _ 8 

Vacancies  in  board 8 

STATE  COUNCIL  OF  EDUCATION. 

Established,  powers  and  duties _ 102 

STATE  NORMAL  SCHOOL  FOR  COLORED  STUDENTS.— See  also 
Normal  Schools. 

Appropriations  for  support  and  maintenance _ 133 

Board  of  trustees  abolished 11 

STATE  NORMAL  SCHOOLS.~See  Normal  Schools. 

STATE  SECONDARY  AGRICULTURAL  SCHOOLS.— See  Agricul- 
tural Schools,  State  Secondary. 

STATE  TEXTBOOK  COMMITTEE.— See  Textbook  Committee. 

STATE  TRAINING  SCHOOL  FOR  GIRLS 146 

STATIONERY  AND  OFFICE  SUPPLIES.— See  Control  and  Econ- 
omy, Board  of. 

STATISTICS,   DIVISION   OF _ _ 18 

SUMMER  SCHOOLS.— See  Alabama  Polytechnic  Institute;  see 
Alabama  Technical  Institute  and  College  for  Women;  see  Uni- 
versity of  Alabama. 

SUPERINTENDENT  OF  SCHOOLS,  CITY.— See  City  Superinten- 
dent of  Schools. 

SUPERINTENDENT  OF  SCHOOLS,  COUNTY.— See  County  Super- 
intendent. 

SUPERINTENDENT  OF  EDUCATION,  STATE.— See  also  Schools. 

Clerical  force,  direction  of 15 

Compensation   of  14 

Duties  of  13 

Education,  State  Board  of,  supervisory  powers 7 

Executive  officer  of  board  of  education 13 

Funds,  school,  apportionment  of „ 41 

Humane  treatment  of  animals,  instruction  in  to  be  required  of 

schools    - - 157 

Must  enforce  act  requiring  daily  Bible  reading 154 

Professional  force,  direction  of...... _ _ 15 


INDEX  227 

Page 
SUPERINTENDENT  OF  EDUCATION,  STATE.— Continued. 

Schools  under  supervision  of „ 7 

Temperance,  duties  as  to _ 155 

SUPERVISORS. 

Certification. — See  Certification  of  Teachers. 

Appointment   _ - 30,  39 

TAX  DISTRICT  _ _ - _....„ 45 

Validation  of  certain  elections 198 

TAX,  ONE  MILL.— See  One  Mill  County  School  Tax. 

TAX,  POLL.— See  Poll  Tax. 

TAX,  THREE  MILL.— See  Three  Mill  County  and  District  Tax. 

TEACHER  TRAINING.— See  Training  of  Teachers;    See  also  Nor- 
mal Schools. 

TEACHER    TRAINING,    CERTIFICATION    AND    PLACEMENT, 

DIVISON    OF 18 

TEACHERS'  INSTITUTES.— See  Teacher  Training. 

TEACHERS'  PENSIONS. 

Authorized  in  city  of  Montgomery _ 183 

Authorized  in  Mobile  County.- _ 186 

TEMPERANCE  DAY. 

Observance  in  public  schools „ 156 

TEXTBOOKS. 

Appointment  of  committee  by  State  Board  of  Education 10,  74 

Attorney  General  to  prepare  contracts *     77 

Board  of  Education  in  control  of  adoptions 10 

Bonds  to  be  given  by  bidders 77 

Commission   ( old )   abolished 11 

Contracts  to  supply  books 77 

Expenses  of  members  of  committee _ 81 

Failure  of  contractor  forfeits  bond  and  contract _ 81 

Oath  to  be  taken  by  members _ 75 

Partisan  or  sectarian  books  not  to  be  chosen 75 

Prices  for  books 78 

Proposals  for  furnishing „.. 76 

Terms  of  office  of  committee 80 

Uniform  series  to  be  adopted _ 75 

Unlawful  to  use  other  than  adopted  books ...._ 75 

Unsatisfactory  books  may  be  dropped.. ^        75 

THREE  MILL  COUNTY  AND  DISTRICT  TAX. 

Calling  and  holding  for  cities  and  districts _ 45,  46 

Commissioners  required  to  call 45 

Consolidation  of  taxing  districts..„ 48 

Election,  calling  of  and  holding _ _ 45 

Formation  of  taxing  districts „ .., _ 47 

Tax  collector,  separate  accounts  required 50 

Warrants,  authority  to  issue _ 49 

TOWN  CREEK. 

School  trustees  authorized  to  mortgage  school  lands 187 


228  INDEX 

Page 

TOWNSHIPS  ABOLISHED -.- - - 117 

TRADES  AND  INDUSTRIES,  ALABAMA  SCHOOL  OF.— See  Ala- 
bama School  of  Trades  and  Industries.  » 

TRAINING  OF  TEACHERS. 

County  institute,  attendance  required _ „...._ _ 61 

(a)  Superintendents,  county  and  city,  responsible 29,  40 

Extension  work,  in  co-operation  with  normal  schools 62 

Lists  of  teachers  required 61 

Reading  circle,  credit  for  extension  of  teachers'  certificates 62 

TRAINING  SCHOOLS  FOR  GIRLS,  ALABAMA. 

Appropriation  - 146 

TREASURER  OF  SCHOOL  FUNDS,  COUNTY.— See  County  Treas- 
urer. 

TROY  STATE  NORMAL  SCHOOL.— See  also  Normal  Schools. 

Appropriation  for 133 

Practice  school  at _ — 135 

TRUSTEES.— See  School  Trustees. 

TUSKEGEE  NORMAL  AND  INDUSTRIAL  INSTITUTE. 

Appropriation  to  _ _ - 149 

UNIVERSITY  OF  ALABAMA. 

Appropriations  for  „ - — _ 140 

Appropriation  for  mining  experiment  station _ 141 

Cement  laboratory  _ _ _ 101 

Co-ordination  of  work _ 102 

Council  of  education,  duties  as  to _ _ 102 

Executive  committee,  powers  of „ „ 100 

■  Extension  division  _ _ 140 

Graduate  School  of  Medicine  at  Birmingham 100, 140 

Medical  department  of,  at  Mobile 100 

Meetings  of  trustees _ 98 

Police  officer  may  be  employed. _ _ _ 99 

Powers  and  duties  of  trustees 97 

Proceedings  of  trustees „ 98 

Scjhool  of  mines  at 182 

Secretary  of  State,  duty  to  supply  codes  and  Supreme  Court 

Summer  school _ 101, 140 

Supreme  Court,  may  turn  over  to  superseded  law  books 99 

Trustees  of 97 

University  fund  _ „ 96 

VOCATIONAL  EDUCATION. 

Acceptance  of  provisions _ 70 

Co-operation,  counties  and  cities 71 

Federal  co-operation — Smith-Hughes  act 11,  70 

General  powers  of  State  Board 11,  70 

Acceptance  of  Federal  act  and  appropriation  for  rehabilitation...  72 

VOCATIONAL  EDUCATION,  DIVISION  OF 19 

WARRANTS,  AUTHORITY  TO  ISSUE „ 49 

W.  C.  T.  U.,  ALABAMA. 

Temperance  Day  program  prepared  by 156 


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